Legal Question in Real Estate Law in New York

Re: add person to property deed title

Sounds like a bad idea.

But, you can "mechanically" add a name to the title merely by drafting and recording a new deed reflecting the transfer of title to both of your names.

HOWEVER, your transfer of the property title to another, even a spouse, w/o the Mortgagee's CONSENT and APPROVAL, will probably result in a violation of your Mortgage Contract, to the extent that the Mortgagee can "call in" or Foreclose the Mortgage and Note for YOUR breach of same.

ReccommenD: 1. Do not assume anything. Then: Purchase a new or another property in both your names, as and for your marital residence. Clearly document the value of your respective contributions (especially if funds come from premarriage separate property) to its acquisition; And discuss, understand and reach agreement concerning your respective rights, duties and obligations for paying for and maintaining all of your properties and the other incidents of your marriage.

Good luck,

Phroska L. McAlister,ESQ

Good luck,

Phroska L. McAlister,ESQ

Re: add person to property deed title

You have to check if this will be accepted by the mortgage company, as there may be ramifications of adding another name. If acceptable, all you need do is prepare a new Deed, from you as Grantor, to you and the other, as Grantees. You need to decide how the title will read: tenants in common (an equal undivided ownership interest, that either of you can pass on if you die, without the consent of the other party, to anyone you choose) or joint tenants with right of survivorship (the survivor winds up with the entire house if one owner dies). There are more questions that should be considered and I suggest some form of agreement between you be made, in writing. Is the significant other (SO) going to contribute to any costs of the house, like the mortgage, taxes, insurance, repairs and maintenance, utilities, etc.? If so, this should be spelled out. What happens if you fail to pay the mortgage? Will the SO be responsible to prevent a foreclosure? What happens if the relationship terminates? Who gets to stay in the house? Under what conditions? Will the house be sold, can you buy out the SO, will a return Deed be given if the SO is not contributing or taking any responsibilities? Since there is no marriage, which provides for many of these matters, by law, it is important that these responsibilities and rights be spelled out.