If the deed is in my name and the mortgage is in my boyfriend’s name, can stay as long as he pays the mortgage?

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If the deed is in my name and the mortgage is in my boyfriend’s name, can stay as long as he pays the mortgage?

Can he; is this right?

Asked on September 17, 2011 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

For some reason you own real property solely in your name as the owner of record and your boyfriend is the only one obligated on the loan and mortgage secured by this real property. Apparently your boyfriend must have been on title to this property and trasnferred it to you.

If your boyfriend is living in the house that you own and he does not, technically you are his landlord and he is your tenant. If the agreement is that he can live in this home so long as he pays the mortgage due monthly on it as the "rent", he can do so.

I suggest that you write down the rental agreement between you and him over this property and that it be signed where copies are kept in order to avoid possible misunderstandings in the future.

Good luck.


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