If I’m with someone and we buy a house with my name on the loan and theirs and my name is on the deed, what happens if we split up?

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If I’m with someone and we buy a house with my name on the loan and theirs and my name is on the deed, what happens if we split up?

We’re not married yet. Can it get changed to them being financially liable on loan if split up?

Asked on January 10, 2019 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A loan is a contract: only those persons who sign the loan and agree to pay it are responsible for it. So if you are the only one on the loan, you'd be the only one who has to pay it--the other person, not being on the loan is not liable for it.
If the loan has been taken out already, you can't change it to make them responsible for the loan unless both they and the lender agree to that--changes to contractrs require the consent of *everyone* one or who will be added to it.
If he is on the deed but not loan, then if you split up, he is entitled to half the value of or equity in the home--and you will be 100% responsible for the loan.


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