how can we change a deed that only has my boyfriend’s name to a survivorship deed to protect me at his demise?

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how can we change a deed that only has my boyfriend’s name to a survivorship deed to protect me at his demise?

We have lived together for over twenty years . He is no longer in good health and must have help, which I gladly give. His name is the only one on the deed and the mortgage. What can we do so I will not lose our home when he passes. He has left everything to me in his will but he has an excessive amount of unsecured debt. Will the home be sold to pay this? And will a survivorship deed prevent the home from being included in his estate?

Asked on June 17, 2009 under Real Estate Law, Alabama

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I a am a lawyer in CT and practice in this area.  I suggest that you meet with a lawyer and have your boyfirend voluntarily quit claim his interest in the house to you and then refinance it so that the mortgage is in your name alone.  Creditors will not be able to get to the house (unless they claim that he transferred the house to avoid paying outstanding debts- which is not the case i believe).  This should accomplish your goals as the property will not be included in the estate.


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