Can a Will give my boyfriend legal rights to my home

UPDATED: Oct 1, 2022

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Can a Will give my boyfriend legal rights to my home

My boyfriend has lived with me for almost 8 years. We pay all together but the house is only under my name. Will a Will give him permission to keep the house even if it’s not under his name? I still pay a mortgage.

Thank you,


Asked on July 16, 2019 under Estate Planning, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can will the home to your boyfriend and he will (after probate) beccome the owner, BUT the mortgage will have to be paid off or refinanced if you die before him, since on your death, the mortgage comes due in full, and your will does not override the lender's right to be paid or foreclose if it is not. Therefore, you and he should also make provisions to ensure he can take of the mortgage if you predecease him, such as, for example, through life insurance.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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