Can my fiance pay me 1/2 of the existing equity in my house and then be added to title by quit claim deed?

Question Details:

Getting married. She is moving into my house and I have $200,000 equity. Is the best way to handle the situation for her to pay me $100,000 and quit claim her onto the title and mortgage? We will then have joint account and both paychecks go into one account and all expenses are payed jointly.

Asked 11/11/2009 under Real Estate | 198 View(s) | More Legal Topics

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Real Estate Law Answers

You should check with the mortgage holder, before you do anything, and get their approval in writing;  if your fiancee's credit is bad, there might be a problem.  Simply doing the quitclaim, without the mortgage company's knowledge or permission, might also create problems once that comes to light, because by giving her an ownership interest, you're damaging the bank's security interest.

I'd also suggest that this might not be something you want to do right away.  I know that you are going into this marriage expecting it to last forever, but it doesn't always work out this way.  Once you give her the legal interest in the property, there's a good chance you won't get that all back in a divorce.

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