Legal Question in Real Estate Law in Alabama

My girlfriend and I decided to buy a house together. As her credit was better than mine, the mortgage is in her name, and currently the house is only in her name. We are interested in getting my name on the house along with hers via a Quit Claim Deed. The concerns are if we were to break up, and 5 or 10 years later she was to sell the house, that I would have claim to half the profits even though I had not paid in for the time we would be broken up? Can this be legally addressed within a Quit Claim? Conversely, I do not want to put money into a house I am not gaining equity in (minor remodeling, repairs). Is there a way to address this in the Quit Claim.. a guarantee that in the event of a split, I cannot claim half a house wherein I was not paying in.. over whatever time frame we would have been split. Or is there a clause which says (and may cover it) that we are 'both Tenants") ?


Asked on 10/06/10, 7:27 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

Rule number one: There is no such thing as "just putting real property into another person's "name"." You own the property or a right to the property or you don't. If she quits her claim to the property to you and herself as joint tenants or tenants in common you then own the same interest in the house that she does. You probably have also violated the terms of the mortgage agreement which would allow the mortgage to be called.

Get an attorney to explain how this all works before anyone starts trading deeds.

Read more
Answered on 10/11/10, 9:03 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Alabama