Legal Question in Real Estate Law in Illinois
changing names on a deed
My sons girlfriend bought a house. She has asked him to help her make the payments and fix up the house. She told him she will add his name to the deed. Can she change the names on the deed or add him to the deed of the house before she has the loan on the house paid off? If she refinances can she add him to the deed then? I am afraid he will put out all this money and then still not have any ownership in the house. Thank You
1 Answer from Attorneys
Re: changing names on a deed
Thanks for submitting an interesting question. I can only answer it in general terms, since I have not read the girlfriend's mortgage. Nevertheless, MOST, if not all, mortgages contain a clause that prevents a change in ownership, else the mortgage is accelerated. A refinance, adding son's name to deed at that time--and probably mortgage as well--would likely solve the problem extant. Good Luck, and hope that son's vision is not blurred by "love" when business clarity is involved.