Short answer
It depends on what you want to happen if one owner dies. Under RSA 477:18, a New Hampshire deed to two or more people creates a tenancy in common unless it clearly says otherwise. With joint tenancy, written as "joint tenants with rights of survivorship," the surviving owner automatically owns the whole home. With a tenancy in common, each owner's share passes under their will or estate. Ask a real estate attorney which fits before closing.
What is joint tenancy?
Joint tenants own the whole property together. When one dies, their interest passes to the surviving owner or owners without going through probate. The deed has to say so, for example "as joint tenants with rights of survivorship" or "as tenants by the entirety." Co-owners who want the survivor to keep the home often choose this.
What is a tenancy in common?
Tenants in common each own a share, which doesn't have to be equal. When one owner dies, that share goes to whoever their will or the law names, not automatically to the other owners. Friends or relatives buying together who want to leave their share to someone else often choose this. It's the default in New Hampshire if the deed doesn't say joint tenancy.
What other options are there?
Some owners hold title in a revocable trust, and New Hampshire also allows transfer-on-death deeds that name who receives the home without probate. Each has tax and estate effects, so this is a question for an estate planning attorney. See a mortgage on a home in a trust.
Does how we hold title affect the mortgage?
The lender doesn't choose how you hold title, but it does need everyone on the title to sign the mortgage, even an owner who isn't a borrower on the loan. Who's on the loan depends on whose income and credit you need to qualify. See co-borrowers and cosigners.
What should unmarried co-buyers put in writing?
Consider a written agreement covering who paid what toward the down payment, how you'll split the monthly payment and repairs, and what happens if one of you wants to sell. The deed decides ownership; the agreement helps you avoid disputes. An attorney can draft one.
Sources
- NH RSA 477:18, Tenants in common
- NH RSA 78-B:2, Exemptions (lists transfer-on-death deeds under RSA 563-D)
Checked November 2, 2026. Rules and dates change, so confirm current details before you rely on them.
General information only, not tax or legal advice. Program availability, eligibility and terms vary by lender and are subject to change and to underwriting approval. Not a commitment to lend.