Legal Question in Real Estate Law in California

Re: Girlfriend wants to write checks for mortgage - any legal rights...

Girlfriend will not acquire an ownership interest based on the facts given, but if she has made any contribution to the down payment or if the payments are disproportionate to fair rental value, the answer could be different. A deed standing in your name alone is usually conclusive as to ownership - there are exceptions involving purchase money coming from someone not on title, but these don't fit your situation as described.

There is another reason not to do this - income taxes. You might lose your interest deduction if you don't pay the interest directly.

Also, just because the lady wouldn't win doesn't mean she wouldn't sue......she might think she should win. She'd be wrong, but defending yourself could be expensive and a hassle.

Finally, some lenders will not accept payments from anyone other than the borrower.

Far better to play it on the straight and narrow.

Re: Girlfriend wants to write checks for mortgage - any legal rights...

Why would she want to do this?

Would it not create accounting and reliability problems for you?

She could later claim you had an agreement regarding sharing ownership or other issues. Sounds like a bad idea, in general.

Re: Girlfriend wants to write checks for mortgage - any legal rights...

She should write the check out to you, and put "rent" in the memo portion. Renters who pay rent to landlords every month do not acquire any ownership interest in the rental premises. Unless she has an ownership interest in the house, why would she be sending a check to the lenders? Did she make the down payment? Did you "promise" her she would be an "owner?" If not, the best thing would be for you both to sit down and come to some understanding so that she knows where she stands and in order to eliminate claims like this in future.