Legal Question in Real Estate Law in Maryland

My fiancee and I are getting married in September 11. We are planning to buy a house and therefore we are applying for a loan together.

The question is if legally is:

Should we get married before buying the house or should we buy it jointly as single individuals. Is there any advantage / disadvantage if buying as a married couple or not?

Thanks.


Asked on 5/24/11, 8:53 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

There is no difference legally once you're married. If you go to settlement before the wedding, you'll get a deed as an unmarried couple, either as joint tenants or tenants in common. After you get married you should re-write the deed to yourselves as tenants by the entirety, which acknowledges your marital relationship. As a real estate attorney, I've done this many times for couple in your shoes--it's quick and inexpensive. Or, depending on when you sign a contract, you could just wait until after the wedding and take title as a married couple.

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Answered on 5/24/11, 10:52 am
Phillip M. Cook Cook Legal Services, LLC

There's no reason not to wait until after the wedding. Why go through the time and expense of property and then re-deeding it to yourselves as a married couple? And while I'm sure your relationship is rock solid, I've mediated disputes between folks who have purchased a house together in anticipation of getting married, but never walked down the aisle for one reason or another. It's a messy situation you should avoid. Get married, then buy the house.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 5/24/11, 5:58 pm


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