How can I keep a home purchase from being marital property?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I keep a home purchase from being marital property?

I am trying to help two friends purchase a home. The mortgage would have to be solely in my name but they would pay the down payment and all expenses, including the mortgage, for the home going forward so I would not contribute anything monetary to this transaction. I am married and am the sole income for my family, my husband stays at home with our kids. How can I keep this purchase from being considered marital property?

Asked on August 1, 2012 under Real Estate Law, Maryland

Answers:

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

Answered 12 years ago | Contributor

You sound like a good freidn but PLEASE, do NOT do this.  You are placing your family in a position to cause financial ruin if you can not pay the mortgage should they default and in ruining your credit. And if the house is purchased during the marriage in your name it will indeed be considered marital property unless you have a post nuptial agreement of some sort (for which I would suggest an attorney).  Plus you could be considered helping to perpetuate a fraud on the lending institution. Think twice here. No, think three times. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption