Legal Question in Real Estate Law in New York

You leave out some very important information. For one thing, it's been either a very very long engagement or your fiance is now your husband. If you are still engaged to be married, then there are no rights that accrue to you by virtue of that status. If, instead, you are now married to him, that's a different story.

There is no need to refinance. Your name can be added to the deed. Technically, the bank can accelerate the mortgage because of that, but as a practical matter, as long as you two keep paying the mortgage, none of that will happen.

But there is another very simple approach. Does he have a will? His will can provide for you to get the house (and anything else).

When a person dies without a will, on the other hand, his estate is distributed in accordance with the laws of intestacy, which usually provide that a spouse gets at least half the estate. Even with a will, one cannot completely disinherit his spouse, and the spouse will receive at least one third of the estate.

Sounds to me as though you and your fiance (or husband) need to do a bit of estate planning.

Good luck to you.

Have your name added to the deed. Simplest, fastest and most effective. A will can be changed or revoked, and in any event, must be probated. This adds expense, time and effort.

I agree with Arnold. Question is who gets the property if one of you pass away? Does the survivor get everything or, presuming you do not have children, does the survivor get 1/2 and the decedent gets to designate who inherits his/her half? This answer determines how the Deed registration should be written. You should each have Wills in any event, as there could be a simultaneous death or something that requires further ownership details. I suggest this be reviewed with an attorney so the Deed is correctly drawn and survivorship benefits/rights can be properly handled.