how can I get my father to add his name and my name to the mortgage

My Grandmother passed away
September 2015. Everything was left to
my father. He lives in Texas the
property is in Arizona. I am currently
living in her house. He agreed that my
name would be put on the mortgage
and that I would pay the mortgage as
long as his name was on it too and he
could live on the property in the future.
He has yet to have the names
changed. I need help on getting this
accomplished.

Asked on April 5, 2016 under Estate Planning, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

He can't put your name on the existing mortgage, or make any changes to the mortgage, without the bank's or lender's consent: a mortgage is a contract, and a contract can only be changed with the consent of all parties to it.
There are ways to do what your father wants, but *he* has to do them voluntarily: there is no way to "get" him to do it. What probably will suit his and your needs--if he wants to do what he says--best is to sell you an interest in the house at a reduced price, the two of you own it as joint tenants with right of survivorship, and the two of you refinance the home jointly (take a new mortgage or home equity loan together, as the joint or co-owners). A real estate attorney can help structure and accomplish the transactions, but again, you need him to actually make this happen, not just talk about it.


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