Can a Will give my boyfriend legal rights to my home

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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,

Lil

Asked on July 16, 2019 under Estate Planning, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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