View Full Version : Adding somebody to deed
jorguz
May 28, 2011, 02:44 PM
My brother bought his home about 15 years ago. He holds title only in his name, as a Single Man. Couple of years back he lost his job. He is older and is having a difficult time getting rehired. Long story short: he is now in arrears (18months), owes Escrow for taxes and insurance payments, and is facing foreclosure. His lack of employment is presenting a problem getting loan modifications or refinancing. I am in a position to help him by paying up all his arrears and escrows. I can then handle all future payments. His mortgage balance is approximately half the current value of the house, so the idea would be that we both become half owners. Even though the loan will continue to be in his name (I cannot get a new loan), he wants to deed half the property to me, and show us as Tenants in Common. I understand he can Quit Claim to him and me as tenants in common, but here is the wrinkle. He married about five years ago. His wife is not on the loan or the title. Would my brother Quit Claim as the current title describes him (Single Man) or would he have to described himself as Married Man? And does his wife have to sign as well? We live in California
joypulv
May 28, 2011, 05:15 PM
His wife doesn't have to have anything to do with either the deed or mortgage, but CA is a community property state, so if they divorce she gets half of the house, or half of half if you own half. But he still carries a mortgage, and the lender might not let him just add you to the deed, and it might behoove you to buy a half (or more) from him instead. But then you would have to get a new mortgage, and you say you can't get a loan... so your first step is to talk to the lender about being on the deed. They may be happy to allow it if they don't want to foreclose. But, the balance is only half the value, so they might be eager to foreclose!
I would also consult a real estate attorney or tax advisor, since your financial and tax situation is a factor, as well as how much you would be paying in arrears, and whether you own a primary residence, and so on.
joypulv
May 28, 2011, 05:21 PM
Another idea (which I used in my very first real estate purchase) was to have a private contract with one of the other owners of the building. I wasn't on the deed or mortgage, but got paid when we all sold, and spread out the payments to avoid certain taxes, something that would work with a relative you trust. Contract notarized and all. Worked fine. We might have gone the extra step of doing it with an attorney, to have it on file and to have it worded the best way, but we were young and didn't want to.
LisaB4657
May 28, 2011, 08:35 PM
Normally I would explain how to draft the wording for the deed. But your situation is more complex than simply adding someone to a deed. Since you're in California I suggest that you have this handled by a title agency. They will make sure thatt his is done properly and they'll be able to tell you for sure if you need the wife's signature.