If I’ve been living with my boyfriend for around 16 years and something were to happen to him, since he owes a lot of money on his house would I still have to pay the house off?

My name is not on it but he left me a way to be taken care of. It seems like if I did have to pay there would be nothing left to take care of me.

Asked on September 10, 2015 under Estate Planning, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the house is not in your name, it is not your house even if you were to pay it off, it would not belong to you unless he left it to you in his will. Remember girlfriends do not inherit anything unless it's in a will. Therefore, unless the house is willed to you, there'd be no point in paying for it, since you'd never end up owning it.
If it will willed to you, you don't have to take it--you have the option of accepting the bequest, but also could refuse it you can't be forced to inherit. If you accept the house in this case, if you did not pay off the finanncing/loan, the bank would be able to foreclose and you'd lose the home. If you don't accept it, it will either go to a back-up beneficiary or the bank will get it.
If you're not on the mortgage, then even if you're living there, you are are not forced to pay the loan living in a home does not make you responsible for a mortgage. Of course, when the home is foreclosed, you'd have to leave, but at least you would not be liable for the amount owed on it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.