Concerned about worst-case scenario like death or her leaving me before the marriage. Once we are married though we want her on the mortgage and deed. Is there anyway to do this without having to refinance, new closing costs etc.. I was told I could add her to the deed no problem but then in a divorce it would be terrible for me being that I’m solely responsible for mortgage.
Open Question
Call an attorney and your local county clerks office.
You can do a quit claim to add her to the deed –
As for the mortgage its up the whomever holds it and what her credits like
sorry, but without refinancing there is no way to add her to the mortgage
but the deed, yes, you can no problem
techincally you would be responsible for the mortgage in case of divorce, but during divorce proceedings you can try to get the judge to make her be responsible for it, or you may be made to sell the house and you keep all profit
Answer— marriage license and then marry 50/50 from then on unless theres a prenupt.
Youre already worried about divorce? Why are you getting married then?
once you marry unless you have a prenup stating otherwise, the house becomes marital property and is 50% hers regardless of whether or not her name is on the deed and mortgage.
you cannot add her to the mortgage w/o refinancing.
there are ways to add her to the deed after the fact but adding her to the deed only shows she’s part owner of the home not that she is responsible for the mortgage, but then you have that very same problem even if you leave her off the deed. Once you marry her the house is part hers and as long as her name is not on the financing, she can’t be held legallly responsible for the mortgage.
In a divorce situation, you would be forced to buy her out of her share of the house and then you could keep the house or if you couldn’t afford to buy her out then you would be forced to sell and split any profits.
note: NEVER sign a quit claim form for your property to give it to someone else unless the house is paid for or the mortgage is being refinanced to remove your name from the loan. What you are doing is giving up your rights/ownership to your house. a quit claim only surrenders your claim to the property, it does NOT release you from any finanical obligations to the home if you still have a loan outstanding on it.
my suggestion would be to either wait until after you are married to purchase or talk to a lawyer about your options.
Yes. You can name her in your will and you can file what is called a ‘Quitclaim Deed’.
Once you are married it is automatic anyway, but filing the quitclaim-deed makes it smoother should something happen.
It puts your will in writing so someone else can’t try to make a bonafide claim against the property.
You need to refi…
Probably would make sense anyways with rates the way they are today.