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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33058
Experience:  30 years of real estate practice experience.
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My fiance and I bought a house in Marshall county, ms. Since

Customer Question

My fiance and I bought a house in Marshall county, ms. Since she got a better interest rate the house is in her name but I pay the mortage. Can I have my name put on the house paper? And would that help me if something was to happen, we are both getting older with medical problems
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.Did you sign the note? When are you planning to marry?
Customer: replied 1 year ago.
No and no date set as right now
Expert:  Loren replied 1 year ago.
Thank you for the additional information. The actual mechanics of putting your name on title is fairly simple. Your fiance would sign a deed naming both of you as grantees and then record it with the county recorder of deeds.The complication is that most mortgages contain a provision which makes the entire outstanding balance of the mortgage due if the title is changed. So, adding you to the title would trigger the due on transfer clause.You need to either get permission from the lender before the transfer or wait until you get married. There is a federal law which prohibits a lender from enforcing a due on transfer clause for a conveyance to a spouse.
Expert:  Loren replied 1 year ago.
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