[MulberryBush]

I live in NYC and want to add my name to deed and title. Only my husband's name is on mortgage note. What is the best way to do this in NY? Do you suggest I get a real estate attorney. I want to make sure I am protected regardless of the equity distribution laws.
Can I add my name to mortgage since I am also co-paying it? Or would the bank ask for refinance of home?
Thank You

[LisaB4657]

To have your name added to the title of the home your husband would have to prepare a deed from himself, as seller, to the two of you, as buyers. Then the deed would have to be recorded in the county clerk's office.

However you should be aware that doing this would probably be in violation of the terms of the mortgage. Most mortgages contain a clause that the entire loan is due and payable upon any transfer of the title.

If you have decent credit then I don't see why the lender would not be willing to allow you to be added to the mortgage note. The more people responsible for paying back the loan, the better for them.

I suggest that you and your husband speak to a real estate attorney about this. They can handle the paperwork and communication with the lender and you can be sure that your intentions are carried out properly.

[ScottGem]

As Lisa indicates, your first stop is the mortgage lender. They would have to approve and transfer of title since they have a lien on the property. They may also provide you with help in reregistering the title.