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

UPDATED: Sep 30, 2022

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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

Asked on April 5, 2016 under Estate Planning, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 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.

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