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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31009
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a friend who is engaged, have a two year old daughter

Customer Question

I have a friend who is engaged, have a two year old daughter and live together in a house they bought. The fiance has an opportunity to refinance at a lower fixed rate but she would have to remove her name from the home since her credit is not good enough to get the rate. She is very hesitant due to the fear that since they are not married, if they were to break up, she could be left on the street with no place to live. Does she have any options other than saying no?
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

If she deeds her interest in the property to him, she's giving up all rights and there are no legal guarantees that he'll deed anything back to her.

 

Bear in mind that, legally, she doesn't have to be on the loan paperwork to be on the deed. However, the lender would probably require her to sign the loan docs if she's on the deed.

 

The only way to make sure her ownership is preserved is to stay on the deed.