Colorado Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants

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Multi-State
Control #:
US-00414BG
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Word; 
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Description

Co ownership of real property can be in the following forms:



" Tenancy in common, in which the interest of each owner may be transferred or inherited;


" Joint tenancy, in which the tenants each have a right of survivorship;


" Tenants by the entirety, in which a husband and wife own property and have a right of survivorship; or


" Community property, which applies in some States to property acquired during the period of a marriage.


The phrase joint tenancy refers to a method of ownership by which one person mutually holds legal title to property with other persons in such a way that when one of the joint owners dies his share automatically passes to the surviving joint owners by operation of law.


Traditionally, when two or more people own real property together, they hold it as tenants in common. Owning real property as joint tenants with full rights of survivorship has, in the past, been usually been limited to married couples or other close kinship. However, there is no reason that single unmarried people cannot own property in a joint tenancy arrangement.

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FAQ

Because mortgage lenders treat married couples as a single entity, these couples can qualify for sizeable loans with good terms and rates as long as one partner has a good credit history. However, lenders treat unmarried couples as individual home buyers.

Other lenders offer mortgage loans for unmarried couples. Lenders can't treat unmarried people who apply for a joint mortgage any differently than they treat a married couple, according to the Consumer Financial Protection Bureau. However, if you apply together, the lender will analyze your credit scores separately.

You don't have to be married to someone to buy a house together; however, some important factors should be considered before signing the papers. Both parties must have qualifying credit scores and income to be approved for the mortgage loan.

Yes. You can find a lender that will allow you to apply for a home loan with your partner. However, you'll run into different challenges than married couples based on the current legal framework. Take the time to determine whether you and your partner should apply for a loan together.

To truly protect yourself legally, you can put together a cohabitation agreement, which is sort of like a prenup. "Cohabitation agreements usually include how property will be divided in the event of a separation," said attorney David Reischer, CEO of LegalAdvice.com.

Each state has its own laws, but generally, property is distributed to the deceased person's spouse and children. If the person is not married, the property will be divided among parents, siblings, aunts and uncles, nieces and nephews, and then to more distant relatives.

Because mortgage lenders treat married couples as a single entity, these couples can qualify for sizeable loans with good terms and rates as long as one partner has a good credit history. However, lenders treat unmarried couples as individual home buyers.

Yes. You can find a lender that will allow you to apply for a home loan with your partner. However, you'll run into different challenges than married couples based on the current legal framework. Take the time to determine whether you and your partner should apply for a loan together.

Applying for a Mortgage When You're Not MarriedYou and your buying buddy will apply as co-borrowers, and the lender will review each of your assets, debts, incomes and credit scores.

Unmarried Couples Property Rights in Colorado As Tenants in Common, you and your partner will each own a share of the house. This is usually split in half: you own 50% of the house and your partner owns the other 50%. However, each person does not need to own an equal share.

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Colorado Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants