how can we change a deed that only has my boyfriend’s name to a survivorship deed to protect me at his demise?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
how can we change a deed that only has my boyfriend’s name to a survivorship deed to protect me at his demise?
We have lived together for over twenty years . He is no longer in good health and must have help, which I gladly give. His name is the only one on the deed and the mortgage. What can we do so I will not lose our home when he passes. He has left everything to me in his will but he has an excessive amount of unsecured debt. Will the home be sold to pay this? And will a survivorship deed prevent the home from being included in his estate?
Asked on June 17, 2009 under Real Estate Law, Alabama
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I a am a lawyer in CT and practice in this area. I suggest that you meet with a lawyer and have your boyfirend voluntarily quit claim his interest in the house to you and then refinance it so that the mortgage is in your name alone. Creditors will not be able to get to the house (unless they claim that he transferred the house to avoid paying outstanding debts- which is not the case i believe). This should accomplish your goals as the property will not be included in the estate.
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 AttorneyPages.com 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.