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Ask David C. Garner Your Own Question
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1043
Experience:  JD with Distinction, Admitted to practice in California
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My daughter n her fiancee decided to purchase a house. but

Customer Question

my daughter n her fiancee decided to purchase a house. but since she has the lower credit score, they were advice to just run the app under his fiancee's name. in short the app was approved n a house was purchased with only my daughter's fiancee as the only only. what is the recourse for my daughter be added as co owner also?
JA: When did this issue begin?
Customer: just thisweek
JA: Anything else you want the lawyer to know before I connect you?
Customer: we thought quit warranty did was the answer but we were wrong
Submitted: 2 months ago.
Category: Legal
Expert:  Loren replied 2 months ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

Expert:  Loren replied 2 months ago.

When do they plan to marry?

Will the fiancee cooperate?

What do you mean when you say you thought a warranty deed was the answer?

Customer: replied 2 months ago.
nov. 11, 2017. yes. we found out it wouldn't work in this situation,
Customer: replied 2 months ago.
where is the answer
Expert:  Loren replied 2 months ago.

Typing. Thank you for your patience.

Expert:  Loren replied 2 months ago.

Thank you for the additional information.

Yes, until they are married, making any change in title would trigger a breach of the "due on transfer" clause and allow the lender to call in the entire amount owed.

After they marry federal would preclude the application of the due on transfer clause to a spousal conveyance.

Until the marriage, they may want to enter into a written contract or cohabitation agreement in which they acknowledge her "equitable" interest in the property and state that she has a right to share in the proceeds of any sale or other conveyance of the property.

Expert:  Loren replied 2 months ago.

Did you have further questions? I am happy to continue, if you do.

Otherwise, have I answered your question?

Expert:  Loren replied 2 months ago.

Still online with me?

Customer: replied 2 months ago.
do we need a lawyer's help to this?
Expert:  legalgems replied 2 months ago.
I see your prior contributor opted out. Did you need more information on the pre or post marital issue?
Expert:  David C. Garner replied 2 months ago.


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