Legal Question in Real Estate Law in Colorado
Joint Tenancy
I am considering deeding half the title of my home to my partner. Although we are not married now, we may marry in the future. However, I am planning to quit my job and return to school and my partner will then provide for us financially. I am considering including him on the title of my home so that he can get the tax benefits and as an "exchange" or a way in which I can bring something financially to the table. What are the pros and cons of doing this and how do I go about legally putting my partner's name on the deed of my home? Thanks!
1 Answer from Attorneys
Re: Joint Tenancy
Lawyers seldom are consulted about arrangements which work. We are usually involved with those arrangements which have gone bad. You post is an example of one of the latter.
Usually people who aren't married and who haven't acquired a home together as a result of a common goal, find out later that the arrangement is not good and there is a battle royal to clean things up.
Unmarried partners who purchase real estate together have formed a small business partnership which is legally different than if they were married. If the relationship doesn't work out, what do you do? You can't get divorced, so you must go to court to divide the property if you can't agree who gets it, and all we lawyers see are those who can't agree.
If you determine to proceed a simple quit claim deed from you to you and your partner will put the property in both names. Remember, if you change your mind it will be too late as it will require the signature of both of you to transfer the property again.
If you would like information about a pre nuptial agreement which can avoid this problem Email us and we will arrange a no-cost/obligation online consultation with our CO attorney.