Legal Question in Real Estate Law in California

Protecting partnered real estate purchase.

I am buying a house with my girlfriend. I have no credit rating, so the lender will only use my girlfriend's name on the loan with her father as a co-signer. However, I will provide all the funds for the down payment, closing costs, etc. What should I do to protect myself and my financial investment in this purchase? What if my name is not on the deed?


Asked on 7/30/08, 6:35 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Protecting partnered real estate purchase.

Marry her. Keep good records.

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Answered on 7/30/08, 6:37 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Protecting partnered real estate purchase.

I would recommend that you enter into a written agreement with her setting forth precisely what the terms of the purchase are, how much each of you is investing in the down payment, who will be making the payments and what will happen in the event the two of you decide to part ways. Particularly if title to the property is only going to be vested in your girlfriend's name.

I would also STRONGLY suggest that you hire an attorney to draft the agreement for you and to advise you concerning this matter. The money you spend with an attorney now could very well save you hundreds of thousands of dollars in the future if something happens to your relationship, or if she passes away unexpectedly.

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Answered on 7/30/08, 7:56 pm


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