HIGHLIGHTS
- Federal law restricts age, not marital status.
- One occupant must be 55+; the rest depends on the community.
- Both partners can be on the title; ownership isn’t age-restricted.
- If the qualifying partner dies, the survivor’s right depends on the CC&Rs.
- Always confirm the community’s specific rules before you buy.
Yes, unmarried couples can generally live together in an active adult community. The age rule that governs these communities is about age, not marriage.
The arrangement is also far more common than it used to be. Data from the National Center for Family & Marriage Research shows that about 1.2 million adults age 50 and older were cohabiting in 2000, or 1.6% of that age group. By 2022, that figure had nearly quadrupled to roughly 4.2 million. Whether you and your partner are deciding on your next chapter together or simply moving in, a 55+ community works the same way for you as it would for a married couple, with a few specifics worth understanding first.
How the Rules Work for Unmarried Couples in a 55+ Community
In most active adult communities, an unmarried couple can live together as long as at least one partner meets the community’s age requirement, typically 55 and older.
The federal rule behind this (from the Housing for Older Persons Act of 1995 and the Fair Housing Act) is about age, not marriage. At least 80% of occupied homes must have at least one resident age 55 or older. Nothing in that federal rule mentions marital status at all, so an unmarried couple is treated the same as a married one under this specific requirement.
Related Article: What Happens If a 55+ Community Breaks the 80/20 Rule?.
Does Marriage Matter? Age vs. Marital Status
The eligibility test is age, full stop. There’s no marriage certificate requirement anywhere in the federal rule. Marital status isn’t a protected class under the federal Fair Housing Act, though more than 20 states add their own marital-status protections on top. Either way, a community can’t layer a marriage requirement onto its age rule.
Practically, this means a boyfriend or girlfriend, an engaged couple, long-term partners, or a couple who’s simply chosen not to remarry all qualify the same way a married couple would, as long as one partner meets the age threshold.
How Old Does the Younger Partner Have to Be?
Federal law sets no minimum age for the second household occupant. Under 24 CFR §100.305(h), each housing facility or community determines the age restriction, if any, for units that are not occupied by someone 55 and older. That decision is left entirely to the individual community.
In practice, many communities set a secondary minimum age somewhere around 40 to 45, while some require every resident to be 55 and older with no exceptions. This is exactly why reading a community’s CC&Rs matters before you settle on a specific place, because the answer genuinely varies from one community to the next.
Who Owns the Home vs. Who Lives in It
Here is a distinction worth understanding clearly: age restrictions govern who lives in a home, not who holds title to it. An unmarried or under-55 person can absolutely own property in an active adult community.
Both unmarried partners can typically be listed on the deed together. Occupancy eligibility still hinges on at least one occupant meeting the community’s age requirement, separate from ownership. One practical note: Unmarried co-buyers should think through how title is held, since it affects what happens to the property later. That is not legal advice, just a prompt to have the conversation with an attorney if it matters to your situation.
What Happens If the Older Partner Dies or Moves Out?
This is the highest-anxiety question, and it deserves a straight answer: Federal law is silent on survivorship for unmarried partners. There’s no automatic federal right for a surviving under-55 partner to stay in the home.
Whether the survivor can remain depends on the community’s CC&Rs, how much headroom the community has left in its 20% allowance, and applicable state law. Because unmarried partners don’t have the automatic legal standing that a spouse has, this is genuinely worth checking in the CC&Rs before you buy. Also, for anything complicated, it’s worth a conversation with a real estate attorney.
Related Article: Is a 55+ Community a Good Fit for a Single Person?
How to Confirm a Community’s Rules Before You Buy
A few concrete steps turn this from an open question into a known answer:
- Request and read the CC&Rs, HOA bylaws, and any published age policy for the specific community you’re considering.
- Ask directly: What’s the minimum age for a co-resident? What’s the survivorship policy? Are there guest or visitor limits?
- Confirm the community is active-adult or independent living. (This article’s scope stays there, not assisted living or other care settings.)
Once you’ve got answers to those questions, a 55places Partner Agent who specializes in 55+ communities can help pull and interpret the specific rules for any community you’re seriously considering.
Frequently Asked Questions
Can unmarried couples live together in a 55+ community?
Yes. Federal 55+ community age rules do not require marriage, so an unmarried couple qualifies as long as one partner meets the community’s age requirement and the CC&Rs allow the younger partner to reside there.
Does a 55+ community require proof of marriage?
No. There’s no marriage requirement. Age-restricted communities verify age, not marital status.
How old does the younger partner have to be to live in a 55+ community?
It varies by community. Many set a secondary minimum of around 40 to 45, while some require every resident to be 55 or older, so check the community’s specific CC&Rs.
Can an unmarried partner stay if the older partner passes away?
Not automatically. Federal law doesn’t guarantee it, so whether the survivor can remain depends on the community’s governing documents and applicable state law.
Can someone under 55 own a home in a 55+ community?
Yes. Age restrictions apply to who lives in the home, not who holds the title.
Find an Active Adult Community That Fits Your Household
Age rules, co-resident minimums, and survivorship terms vary from one community to the next, and the answers live in documents that are not always easy to find. A 55places Partner Agent can pull the CC&Rs, confirm the age policy, and help you compare communities that work for both partners. Contact 55places.com today!
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