A mortgage for two without marriage: the contract nobody signs

You're buying an apartment with your partner. You're splitting the mortgage, dreaming about the renovation, picking furniture. Everything feels clear — until something unexpected happens.

In Bulgaria, thousands of unmarried couples buy property together every year. Almost none of them sign a co-ownership agreement. This is a mistake that can cost tens of thousands of euros — or the entire apartment.

What is share-based co-ownership

When two unmarried people buy property together, they enter share-based co-ownership (съсобственост по дялове) — a regime governed by Articles 30–34 of the Bulgarian Law on Ownership (Закон за собствеността, ЗС).

The key rules:

• Shares are presumed equal unless proven otherwise (Art. 30, para. 2 ЗС). If the notarial deed doesn't specify shares, the law assumes 50/50 — even if one partner paid 80% of the price.
• Each co-owner participates in benefits and burdens proportionally to their share (Art. 31 ЗС).
• Management decisions require a majority by shares (Art. 32 ЗС).
• When selling a share to a third party, the other co-owner has a right of first refusal at the same terms — exercisable within 2 months of the sale (Art. 33 ЗС).
• Any co-owner can demand partition (делба) at any time, despite any agreement to the contrary (Art. 34 ЗС).

Compare this with marriage: under the marital property community regime (съпружеска имуществена общност, Art. 21 of the Family Code / Семеен кодекс, СК), property acquired during marriage belongs to both spouses automatically, regardless of whose name is on the deed. "Joint contribution" includes not just money, but childcare and housework. At divorce, shares are equal by default (Art. 27 СК).

For unmarried couples, none of this applies. General property law (ЗС) governs, not the Family Code.

The three scenarios nobody talks about

Scenario 1: Breakup

You split up. One wants to keep the apartment, the other wants their money back. What does the law say?

• If the property is in both names — you have co-ownership and can request a voluntary partition (доброволна делба).
• If you can't agree — either party can file for court-ordered partition (Art. 34 ЗС). The court can award the property to one party (with monetary compensation to the other) or order a public auction.
• If the property is in only one name — the other has no property rights. They can only claim unjust enrichment under the Law on Obligations and Contracts (ЗЗД, Art. 59), which is a long and uncertain process.

Court partition timeline: 1 to 3 years. Costs: legal fees + court fee (4% of the share's value).

Scenario 2: Death without a will

Your partner dies. No marriage, no will. Who inherits their share of the apartment?

Under the Bulgarian Law on Inheritance (Закон за наследството, ЗН):

A surviving spouse inherits alongside heirs from orders I–III (Art. 9 ЗН) — for example, an equal share with each child, or 1/2 to 2/3 when inheriting with parents.

A surviving unmarried partner inherits NOTHING by law. Zero. The deceased's share passes to their parents, siblings, or other relatives. You become co-owner with them — people you may have no relationship with whatsoever.

Even a will in your favor has limits: the reserved portion (запазена част, Art. 28–29 ЗН) for children and parents restricts what can be bequeathed to you.

Scenario 3: Missed mortgage payment

A mortgage is a joint obligation — the bank can demand the full amount from either borrower. If your partner stops paying:

• You pay the entire mortgage to avoid losing the property.
• If you can't either — the bank initiates forced execution against the entire property, not just "their half."
• At public auction, you receive your share of the remainder — if anything is left after the loan is repaid.

The co-ownership agreement — what goes inside

A co-ownership agreement (съсобственически договор) is a written contract with notarially certified signatures. It's not legally required, but it's the only real protection when buying together without marriage.

What it should contain:

Additional protection: Make mutual wills — each bequeathing their share to the other. A will is always revocable, but it provides a starting position.

How much the notary costs

Certifying signatures on a contract with defined material interest falls under Point 10 of the Notary Fee Tariff — 30% of the Point 8 fee (the main degressive tariff).

Example: property worth 200,000 EUR (~391,166 BGN)

If you also want the content certified (not just signatures) — under Point 9, the fee is 50% of Point 8:

242 to 403 EUR — for a contract protecting a 200,000 EUR investment. That's 0.12–0.20% of the property value. For comparison, the acquisition tax in Sofia is 3% (6,000 EUR), and the notarial deed for the purchase itself costs about 806 EUR.

The financial half

The co-ownership agreement covers the legal side. But before you sign it, you need the answer to a fundamental question: who actually pays what?

Here's what the calculator shows with a 50/50 split and equal incomes:

→ Open calculator: 50/50 at 200,000 EUR, salaries 1,500 EUR each

What if incomes aren't equal? With a 65/35 split, things look very different — and that's exactly why you should see the numbers before deciding the shares in your agreement:

→ Open calculator: 65/35 with different salaries

The "Partner" section in the calculator shows:

• How much each person pays toward the mortgage
• What percentage of salary goes to housing
• The savings gap — how much each needs for upfront costs (deposit, taxes, notary fees, renovation)
• What happens under stress tests — job loss, reduced income, maternity leave

These numbers form the basis for the shares in your co-ownership agreement. If one person pays 65% of everything, it makes sense for them to own 65% of the property — not 50%.

Summary

Marriage provides automatic protection. A co-ownership agreement emulates it — not perfectly, but enough to prevent losing your home over a missing document.

You don't need to be married. But you do need a contract.

This article is general information and does not constitute legal advice. Consult a lawyer for your specific situation.

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