Legal Question in Real Estate Law in Texas

What is the best way to get my partner on my mortgage so she does not lose the house she has lived in and helped pay for if I were to die before the house is paid off?


Asked on 2/11/10, 8:05 pm

2 Answers from Attorneys

You have a few options:

1. Write a will and leave her the house. This will not put her on the mortgage, but she will inherit the house subject to the mortgage when you die. Consider a life insurance policy to cover the cost of the house, if appropriate.

2. Refinance the house in both names. This will add her to the mortgage, and to the title. It's up to the bank as to whether or not she's added to the loan.

3. Deed an interest in the house to her. This will put her in title, but on the obligation to pay. It will also violate the terms of your mortgage. (You should get permission from the lender in advance.)

Let me know if you have any other questions.

Dave

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Answered on 2/16/10, 8:20 pm
Cheryl Rivera Smith The Smith Law Firm

There is a 4th option which is to execute a deed with right of survivorship which automatically titles the house into the last to die.

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Answered on 2/17/10, 8:21 am


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