If my fiancé and I are living together and the mortgage/title are in my name but I would like the house will go to him if I die. what do I have to do?

I would like to put the title in his name in the event of my death.

Asked on August 26, 2014 under Estate Planning, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The problem with transferring title to the two of you would be that it may cause an acceleration of the mortgage, meaning it would become due and owing.  You could see about refinancing the mortgage with the two of you and then re doing the deed but make sure that if you are not married the words "with rights of survivorship" are written on it.  Or you could speak with an attorney about doing a Will and leaving it to him.  Inheriting a house does not cause an acceleration of the mortgage meaning he could go on paying it until it is paid off even though it is in your name and the title has been transferred to him via probate. Good luck.


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