Legal Question in Real Estate Law in Maryland

Wow ... married! Congrats! Think carefully about how and why you're doing all of this. Presuming that you need to have his credit and/or income to qualify for the equity line mortgage then he can go on the mortgage (i.e. guarantee the payments) without being on the title/deed to the house.

If something were to happen to you before you transfer title to a joint tenancy of some type, then he will not get the property if you die unless your heirs give it to him.

If you want to make sure he is entitled to the house, then you need to either make a will and state that he gets it, or you need to transfer some title to him now. BEWARE though -- you MUST see a lawyer to do this. There are several options in how you go about making a transfer now, and only a lawyer can help you decide which is best. And of course, to make a will properly would need to consult an attorney (and in fact you should consult someone to even consider whether it is better to make a will or to do a transfer now -- the beauty of a will is that you could to it pretty inexpensively and if for any reason you change your mind, you can alawys change the will --- if you grant ownership in the property that is not reversible.)

There are other issues you should think through if you have property and are going to be getting married.

Again, congratulations! I wish you the best. Whether you want to give me a ring, or call someone else, please please do yourself a favor and get some advice before you go forward with any move on this.

lar

The answer is yes he can be on the mortgage and not receive title through a deed. He would not take title to the house unless through some other means such as a will you have provided for this. He would however still be obligated under the mortgage even if the house does not convey to him.