This second installment of a 7-part series about domestic partnership agreements discusses the home and joint expenses.
Partners Acquiring a Home Together
Two people may acquire a home together. They may contribute different amounts to the purchase price. During their relationship, they may contribute different amounts towards improvements, the mortgage, insurance, and property taxes. Further, they will undoubtedly have home and joint expenses.
Recognizing these contributions, domestic partnership agreements may establish a fair formula for splitting net proceeds if (i) the home is later sold or, (ii) if one person dies before the other and they are still together, a buyout from the decedent’s estate. The couple may say how they’ll handle their joint household expenses.
Calculators: Growth in Real Property and Accounts Owned Before the Domestic Partnership
Each partner may bring separate real property or personal property into their domestic partnership.
Many couples agree any growth – no matter why – in value of such property during their relationship remains the owner’s separate property. That may be their written agreement no matter how long their relationship lasts.
Still other couples, however, may consider alternative ways to handle growth in value. That way, if during their relationship, the value grows from passive market growth or from either person’s contributions, they can allocate the growth fairly.
Calculators useful in the marital context may help the couple think about what might be “fair” allocation of asset growth during their domestic partnership. One real property calculator helps calculate increased value of real property. The other personal property calculator helps calculate growth in value of other assets, like investment accounts.
Questions to think about:
(a) If the couple has children, are still together, and one parent dies, what would they like to happen with the home?
(b) Is the answer different if they’ve been together for 2 years or 15 years? Would they want the surviving parent and children to stay in the home until there are no longer dependent children?
(c) If the couple has children and one wants to end the relationship, what would they like to happen with the home? Is the answer different if they’ve been together for 2 years or 15 years?
(d) If the couple has no children together, how would they like the home handled if one dies before the other or if one gives wants to end the relationship?
Handling Home and Joint Household Expenses
A committed couple may provide for a joint household account or other joint accounts to pay home and joint expenses. Their agreement may allow deposits into joint accounts of funds either party may earn. One may agree some distributions from a trust will go into the joint account. The couple may decide a percentage of their separate money will go into a joint account for household bills or improvements.
Joint funds may be deemed joint property. But ownership in trusts or each party’s separate accounts, and any growth in the value of such ownership or interests during the parties’ relationship, ordinarily would remain separate.
Joint Tenants and Titling of Accounts
In Florida, bank accounts held in the names of two or more persons are governed by section 655.79, Florida Statutes, which establishes a presumption in favor of a joint tenancy with right of survivorship. For discussion of retitling premarital accounts after a couple marries, see Loumpos v. Bank One, Case No. SC2024-1256 (Fla. Dec 11, 2025). Specifically:
- Presumption of Joint Tenancy with Survivorship: Unless otherwise expressly provided in a contract, agreement, or signature card executed in connection with the opening or maintenance of the account, a deposit account in the names of two or more persons is presumed to vest all rights, title, and interest in the surviving person(s) upon the death of any one of them. This presumption applies to the form of ownership as a joint tenancy with right of survivorship.
- Irrelevance of Common Law Unities of Time and Title: The statute renders the common law requirements of unity of time (interests commencing simultaneously) and unity of title (interests originating in the same instrument) irrelevant for establishing this presumption. Thus, an account originally opened by one person can become a joint tenancy with survivorship when another person is added later via a new signature card or similar maintenance action, without needing to satisfy these unities.
- Rebutting the Presumption: The presumption can be overcome by proof of fraud or undue influence, or by clear and convincing proof of a contrary intent. In the absence of such proof, the survivorship rights vest in the surviving person(s), regardless of any lack of donative intent, delivery, or other common law formalities.
This framework applies to non-spousal joint accounts, as derived from the statutory text and interpretations in cases like Larkins v. Mendez, 363 So. 3d 140 (Fla. 3d DCA 2023) (applying the statute to an account where a son was added to a parent’s existing account), and In re Estate of Herring, 670 So. 2d 145 (Fla. 1st DCA 1996) (emphasizing the statute’s clear prescription for survivorship in multi-person accounts unless expressly provided otherwise).
Considerations for Domestic Partnership Agreements: Titling of Accounts
Unmarried couples in Florida who intend to enter into a domestic partnership agreement (or a similar cohabitation agreement) can still benefit from the presumptions under section 655.79, Florida Statutes, for joint bank accounts, but with important limitations compared to married couples.
Tenancy by the entireties (TBE) ownership requires the unity of marriage. Loumpos v. Bank One, Case No. SC2024-1256 (Fla. Dec 11, 2025). Such TBE ownership is unavailable to unmarried partners regardless of any agreement. Instead, Florida law treats such accounts as joint tenancies with right of survivorship by default.
Establishing and Owning Joint Bank Accounts
- Default Presumption of Joint Tenancy with Survivorship: Under section 655.79(1), Florida Statutes, a bank account opened or maintained in the names of two or more persons (that would include unmarried domestic partners) is presumed to be a joint tenancy with right of survivorship. This means:
- Upon the death of one partner, the account automatically passes to the surviving partner(s), bypassing probate.
- The presumption applies even if the account was originally opened by one partner alone and the other is added later (such as by a new signature card). The common law requirements of unity of time (ownership interests starting simultaneously) and unity of title (ownership interests originating from the same instrument) do not need to be met.
- No specific language on the signature card is required to trigger this presumption—it kicks in automatically unless overridden.
- Overriding the Presumption: Your domestic partnership or cohabitation agreement can expressly provide otherwise to alter this default handling of jointly titled accounts. For example:
- Specify in the agreement or on the bank’s signature card that the account is a tenancy in common (with no rights of survivorship and with each partner’s share passing to their estate or heirs upon death).
- Alternatively, confirm survivorship explicitly if you want to reinforce it.
- The statute allows rebuttal of the presumption only with proof of fraud, undue influence, or clear and convincing evidence of contrary intent, such as proof the account was merely a convenience account. To avoid disputes, include clear language in your agreement about account ownership, contributions, and distribution upon death or separation.
- Practical Steps for Setup of Joint Accounts:
- When opening or modifying the account, both partners should sign a signature card or agreement with the bank.
- Reference your domestic partnership agreement in the bank’s documents if it addresses property ownership, to ensure consistency.
- If one partner funds the account disproportionately (e.g., from personal wages), document this in your agreement to clarify contributions and avoid later claims of unequal ownership.
Risks and Considerations
- Creditor Access: Unlike tenancy by the entireties (available only to married couples), a joint tenancy does not protect the account from creditors of one partner. A creditor can garnish or attach the debtor partner’s share (typically presumed to be half), potentially disrupting the account. If asset protection is a concern, consider keeping accounts separate or using other structures like trusts.
- Severability and Control: In a joint tenancy, either partner can unilaterally withdraw funds or sever the tenancy (converting it to tenancy in common), which could lead to conflicts. Your agreement should include provisions for:
- How joint accounts will be managed during the relationship (e.g., requiring mutual consent for large withdrawals).
- Division of accounts upon breakup, including formulas for splitting balances based on contributions.
- Handling of debts or liabilities tied to the account.
- Impact of Domestic Partnership Agreement: Florida does not have statewide recognition of domestic partnerships for property rights equivalent to marriage. Local ordinances in some cities may offer limited benefits like hospital visitation but cannot create tenancy by the entireties ownership. A well-drafted cohabitation agreement can mimic some marital protections by contract:
- Define joint accounts as shared property with survivorship.
- Address tax implications (e.g., gift taxes on adding a partner to an account).
- Include dispute resolution clauses, such as mediation, to handle disagreements without court.
- However, such agreements are enforceable as contracts but do not confer the automatic protections of marriage under Florida law that apply to accounts owned as joint tenants by the entireties.
- Tax and Estate Planning: Survivorship avoids probate but may trigger estate taxes if the account is large. Consider integrating the account into broader estate plans, like wills or revocable trusts, especially since unmarried partners lack spousal inheritance rights by default.
In summary, the law allows flexible joint account ownership for unmarried couples with automatic survivorship, but lacks the creditor protections of marriage. Use your agreement to customize terms and mitigate risks.
Read more about Florida Domestic Partnership Agreements: