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joeandletha · Apr 23, 2008, 07:29 AM

My fiance's name is not on the mortgage but I want to put his name on the deed to the home. He currently has a lien on his property. Can the same lienholder put a lien on my property once his name is added to the deed?

How would I be able to remove his name from the deed once it is on there?

:confused:

LisaB4657 · Apr 23, 2008, 07:34 AM

Whether your fiance's lien will transfer to your property depends on the type of lien that is on his property. If that lien is a mortgage then it probably won't (but in some rare cases it can). If the lien is a judgment then it will transfer to your property.

Once his name is on your deed the only way it can be removed is if he signs a deed transferring back his interest to you. You may have to buy out his share if he objects to doing this.

Since the there are some issues involved in your situation, I suggest that you speak to a real estate attorney before taking any action.

George_1950 · Apr 23, 2008, 07:53 AM

A couple of things: Your mortgage and/or note may include a 'due on sale' clause; you should check because your transfer to yourself and fiancé may trigger the clause. Second: once your fiancé is a joint owner with you, the property is subject to payment of his debts, as well as yours. Also, where I live, folks decide whether to own as tenants in common, or joint tenancy with right of survivorship. For these reasons, you may want legal advice.

LisaB4657 · Apr 23, 2008, 08:11 AM

In response to the email that you sent me, someone on the internet is not going to be able to give you an answer. You need to sit down with an attorney and have them review the types of liens currently on file against your fiancé and his property, the type of mortgage you currently have, and then you need to discuss the type of ownership the two of you plan for the future.

Well, you don't have to do it this way, but you do if you want to do it the right way.

George_1950 · Apr 23, 2008, 08:42 AM

Originally Posted by joeandletha

... I want to put his name on the deed to the home. He currently has a lien on his property. Can the same lienholder put a lien on my property once his name is added to the deed?

How would I be able to remove his name from the deed once it is on there?

:confused:

Is this a judgment lienholder? Yes, this lien would attach to property that you both own, and it would be removed only by direction of the lienholder, most likely after payment in full.