Legal Question in Real Estate Law in New Jersey

Re: adding a person to a deed

A simple Deed is all that it required. I can assist you if you desire. However, a few suggestions: you should have something in writing with her about who is responsible for payment of bills (such as taxes, insurance, maintenance, repairs, grass cutting, etc.). Is there a mortgage? If so, does she contribute to its payment as well? Once her name is on the Deed, she has equity in the house. Has she contributed to the purchase and paid part of the down payment? If not, adding her to the Deed gives her part of what you paid, as a gift. What happens if the relationship does not work out? Who gets to stay in the house? If you break up, what happens with the house? All of these things should be in writing, so no problems occur in the future.

Re: adding a person to a deed

If there is no mortgage on the property, you may add her by a deed. This gives her an interest in the property, and also make the property subject to claims of her creditors.

If there is a mortgage, changing title may be a breach of the mortgage provisions. You should probably first get written consent of your mortgagee. If your girlfriend has credit problems, the mortgagee may not consent.

In any case, you should have a co-owners' agreement in advance, to take care of issues such as your respective interests in the property, your obligations, and what happens if you decide to separate, e.g., how can one buy out the interest of the other.

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