Do you have to get in touch with lender if the deed is for joint tenants with the right of surviorship only.

Thank you,

Mrs. Katrina A. Delk

I think we're going to need a little more information before we can answer. Why do you think you might need to get in touch with the lender?

Are you saying that one of the deed holders died and are you asking if you need to inform the lender? Are both names on the loan?

No, I live with my boyfriend and he owed the house and is still married, for 30 years, however he has been separated for 6 years, how he and his spouse are working on the divorce. He don't want any problem and don't want me to be misplace in any way. He don't want this home to be and issue.

You've got several issues going on here that make it impossible to give you an answer without more information. Who currently owns the house? Who is currently on the mortgage? Who is going to get the house after the divorce is final?

Let me make this short. My boyfriend purchase this house since he has been separated from his spouse. So she has nothing to do with this house her name is not on the deed. This house totally own by my boyfriend. My only question is he want to put my name on the deed for survivorship only.

Ok, so you're talking about adding a name to a deed and whether the lender needs to be notified.

If there is any change of the type of ownership then most mortgages require that the lender be notified. If the concern here is that your boyfriend wants you to have the house if he should die before you then he can address that by making a will. Then the lender would not need to be notified.

Haven't you gotten it that making it short doesn't help us help you?

He can't add you to a deed for survivorship only. You are either a part owner or you aren't. If he changes the deed, he has to notify the lender first to get permission to do so. Also, there may be tax consequences of gifting you a share of the house (would be different if you were married).

The best thing is to make a will bequeathing you the house.

Ok, so are you saying we can file a warranty deed joint tenants with rights of surviorship? And he has to inform the mortgage company of this matter. Keep in mind this is not a quit claim process, only for me to be listed on the deed until we are married.

Of course he can file anything he wants. But there is a very strong likelihood that it will violate the terms of the mortgage. Most mortgages say that if there is any change of ownership, even if it is just someone being added to the deed, then the mortgage immediately becomes due and payable.

As I said earlier, if you and your boyfriend are concerned about you owning the house if he dies before you, then he can make a will right now leaving total ownership of the house to you. Once the two of you are married the you can make whatever changes are necessary in the ownership of the house.

Sorry I have so many question, he and I need know beford we download the form.

If your name is added to his deed that means that there has been a change of ownership. If the reason he is adding you to the deed is to make sure that you get the house if he dies before you then he doesn't have to put your name on the deed. He can just make a will leaving the house to you.

If the reason for adding you to the deed is because he wants you to be a part owner of the house right now, then that is different.

Go back to the home page, click on the Real Estate Law forum and look for a post near the top about adding a person to a deed. That should explain most of it.

Thank you, you answer all my question.

No problem. But next time you have a question it would help to give more info at the start. :)

Katrina did not mention where she lives. If she happens to live in one of the states that has provision for a "Beneficiary Deed", that would be a quick and easy solution. The states are: Arizona,Colorado, Kansas, Missoury, Nevada, New Mexico & Ohio.

Let me make this short. My boyfriend purchase this house since he has been separated from his spouse. So she has nothing to do with this house her name is not on the deed. This house totally own by my boyfriend. My only question is he want to put my name on the deed for survivorship only.



Don't know what State you're in but if he ever decides to get divorced any property he purchased during the marriage, with or without her name, could become joint and she could be entitled to half.

Also depending on the State she is entitled to a certain percentage of his assets if he dies and that could also become a problem here - if the Deed is in his name only.

I don't understand why he would put the Deed in your name for survivorship only and not joint Deed it over - if you are able to do so.

If he's in the middle of a divorce he should consult his divorce attorney about this. As Judy pointed out, if the property was purchased while he was legally married it might be part of community property.