QUESTION
What can I do if my girlfriend wants me to put her name on the property deed?
Asked on Jun 05th, 2013 on Estate Planning - Florida
More details to this question:
My girlfriend wants to be on the Deed to the house that I (we) are building. Being as I am a cautious person, I am weary of putting her on the Deed of the property. Is there another way that she can have a tie to the house? I.E. I maintain %100 legal ownership of the property, what options do I have? Thank you.
17 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You should NOT put your girlfriend's name on the house. You can change this AFTER you are married, IF you get married. You can have a separate agreement with your girlfriend that you will put her name on the house if you should get married, but DO NOT put her name on the deed now.
Answered on Jun 09th, 2013 at 9:46 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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This is a fairly common problem. Either way, you are potentially setting yourself up for litigation, if there is a problem. Even if she is not on the title, if she is contributing money to the house, then she arguably has an equitable interest. I guess the answer depends in part on your future plans.
Answered on Jun 05th, 2013 at 8:02 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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There are other options to give her "a tie to the house," but none are better than putting her name on the deed. For example, you could give her a lien against the house, but that creates many more problems for you than it solves. I don't know your whole situation, but it seems to me that if she is contributing money or time or work to build the house, she ought to have some legal ownership too. If you are wary, you could make a contract with her that says what happens if you split up. The contract could say, for example, that the person who stays pays rent to the person who moves out, and that the person who stays has an option to buy the other person's share of the house.
Answered on Jun 05th, 2013 at 8:02 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Girl friend is entitled to be on the deed if she is putting in money or sweat equity to build the house. Take title in joint tenancy, which gives either of you the right of right of survivorship. Your advised to seek the assistance of a real estate lawyer to advise the two of you.
Answered on Jun 05th, 2013 at 8:02 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You could put the house into a living trust naming her as beneficiary in the event of your death.
Answered on Jun 05th, 2013 at 8:02 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You could marry the girl. If you like it, you should put a ring on it. Or, you can make a will making provision for her, including leaving her the house.
Answered on Jun 05th, 2013 at 8:01 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can will it to her at your death if you are contributing 100% to the purchase, you should not put her name on the deed.
Answered on Jun 05th, 2013 at 8:01 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Contact an attorney. Are you paying 100% of the cost? If that is the case, I would be reluctant to put her on the deed. There are other ways to structure a deed or an agreement regarding the home.
Answered on Jun 05th, 2013 at 8:00 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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If she is putting money into the project, you could give her a note for the value of her input, possibly secured by a deed of trust, due on sale of the property. That way, you are still the owner, but she has security for her investment.
Answered on Jun 05th, 2013 at 8:00 PM
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Meet with an estate planning attorney to discuss your goals. If you are paying for everything, since you are not married I would strongly recommend against it because if you break up you will be tied to her through this house. If she is putting money in, you can sign a contract with her that she will get her contribution out if you break up but you have to be able to refinance or have other means to pay her back. This is a very dicey area and I would be very careful - you are right to be cautious.
Answered on Jun 05th, 2013 at 8:00 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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The question is what are you trying to accomplish? There are various solutions depending on exactly what you want to accomplish. Talk to an estate planning attorney directly.
Answered on Jun 05th, 2013 at 8:00 PM
Thomas Edward Gates
You do not want to put her on the Deed! If your are pressured, you can specify the percentage of ownership. However, she can tie up any effort to sell your property.
Answered on Jun 05th, 2013 at 8:00 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can file a beneficiary deed. That says that upon your death, she has title to the property. Until you die, you own the property, you can sell, mortgage it or do anything else you want to do with it.
Answered on Jun 05th, 2013 at 7:59 PM
If your girlfriend is paying part of the expenses to build the house, she is entitled to be included on the deed. However, if you are covering all the cost yourself, the deed should be solely in your name. Some options: you can marry and she can inherit the house from you; you can give her a life estate in the house; you can contract with her to have her pay for some or all of the cost of the house over time (land contract); you can leave the house to her in your will.
Answered on Jun 05th, 2013 at 7:59 PM
Legal ownership is done through a deed, there is no other way for the both of you to legally own the property. If you are both paying for the property equally, it is fair for her to be an equally title owner. If she wants to give you money in the form of a loan, then she can get a mortgage/note from you and she can have a lien on the property, this will create an opportunity for her to foreclose and own the property should you not pay her back. Another option is to have a business own the property and each of you own the company - with an operating agreement or shareholder agreement to include any foreseeable event. It is not wise to be co-owners of real property with someone you are dating - many problems can, and usually do occur during the process creating an undesirable joint ownership. Unless you are business partners or married, each of your names should not be on the property.
Answered on Jun 05th, 2013 at 7:58 PM
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The options are endless, but from this forum it is difficult to discern what you desire to have happen. You should address your concerns and desires with an attorney. It sounds like you need to do some estate planning. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jun 05th, 2013 at 7:58 PM
You can consider an agreement. This is like a pre-marital agreement, just a living together agreement. That can cover her interest in the property and many other topics. Visit with an attorney specializing in these types of arrangements for further help.
Answered on Jun 05th, 2013 at 7:58 PM