Can my girlfriend keep making payments on my house if I die? 43 Answers as of June 13, 2013

We have lived together 10 years. The house is in my name only. I want to make sure she will be able to remain in the house after my death even if it isn’t paid off.

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Blough Law Office | Janis L. Blough
You should probably have an experienced attorney prpare a quit claiim deed giving your girlfriend either a life estate in the house (so she can stay there tilll her death) or deeding it to both of you jointly with full rights of survivorship (if you have no one else your want to have it after she dies). To really protect her you should obtain life insurance to pay off the balance upon your death as well, so she wouldn't have to make the payments, just maintain insurance and property taxes.
Answer Applies to: Michigan
Replied: 11/2/2012
CARL C SILVER ATTORNEY AT LAW
CARL C SILVER ATTORNEY AT LAW | Carl C Silver
Yes. But you should inform the mortgage holder that your girlfriend has permission to obtain information about your account while you are living.
Answer Applies to: Michigan
Replied: 11/1/2012
Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
If you die, the house will go to your estate If she is not on title, or is not named in the will, she will be out of luck.
Answer Applies to: Connecticut
Replied: 11/1/2012
LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
In CA, whoever inherits the house decides what happens to it, who gets to live there, how much they pay, just the same as you get to make those decisions while you are the living owner. Of course, if you elect to do estate planning to give her rights in the property after you die, that would change things. Before you add her to title or just gift the house to her, you really should contact an attorney to become in formed as to the conseque nces of su ch an action and to explain your very flexible estate planning options.
Answer Applies to: California
Replied: 11/1/2012
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
She will not be an owner of the house unless you leave it to her in a will or I've it to her by deed. If she pays on it it will be for your heirs at law. If you want her to have it, you should consult an attorney.
Answer Applies to: Alabama
Replied: 11/1/2012
    Roman Aminov
    Roman Aminov | Roman Aminov
    Your girlfriend will need to be added to the mortgage and the deed in order to accomplish your wishes. It is important to look at how the deed to the house is titled. I would recommend that you speak with an attorney. Many attorneys, including myself, offer free initial consultations.
    Answer Applies to: New York
    Replied: 11/1/2012
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Make a will with that provision in it. You can even leave the home to her in the will if you want.
    Answer Applies to: Florida
    Replied: 11/1/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would suggest you see an attorney and consider various manners in which you can provide your girlfriend a legal interest in the house.
    Answer Applies to: Michigan
    Replied: 11/1/2012
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    That will be up to the lender. I have one client that owned a home that she put in her trust. There was a mortgage on the house and when I contacted the bank holding the mortgage they said the successor trustee could continue making payment after client's death. Client died 4 years ago and successor trustee is still making payments. The moral of the story: check with the lender and get it in writing to avoid unpleasant surprises later.
    Answer Applies to: Missouri
    Replied: 10/31/2012
    Stephens Gourley & Bywater | David A. Stephens
    Yes.
    Answer Applies to: Nevada
    Replied: 5/21/2013
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    If her name is not on title, the only way she will be able to stay in the house at your death (without your family stepping in and taking over), is if you either leave it to her in your Will, set up a trust allowing her to live there during her lifetime, or do an enhanced life estate deed giving yourself a life estate with the remainder interest to her. This is, of course, assuming you do not have any minor children - if you do, your only option to allow her to stay in the house should you die would be to make her a joint tenant with rights of survivorship.
    Answer Applies to: Florida
    Replied: 10/31/2012
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Only if you are residing in a state that recognizes common-law marriage will your girlfriend be allowed to claim and/or continue to live in the house. Your best bet to make sure she can stay is to either add her name to the deed or execute a will that will leave the house to her after your death. In either case, if she can't continue to pay the mortgage, she could lose the house.
    Answer Applies to: Nebraska
    Replied: 10/31/2012
    La Office of William H. Von Willer | William H. Von Willer
    Why would she want to pay for a house that is not hers?
    Answer Applies to: Indiana
    Replied: 6/13/2013
    Mike Yeksavich | Mike Yeksavich
    I am sure the mortgage company would take payments from anyone.
    Answer Applies to: Oklahoma
    Replied: 10/31/2012
    Gates' Law, PLLC | Thomas E. Gates
    Yes, she can continue to keep the house by making the payments. Why not have a will drafted assuring this?
    Answer Applies to: Washington
    Replied: 10/31/2012
    Olson Law Firm | Edward M Olson
    Anyone can make payments on your mortgage. However, your girlfriend cannot inherit your house. It will go to other relatives (or to the state) unless you take steps now (before you die) to make sure that it goes to her. There are lots of options, quit claim deed, revocable living trust, testimentary transfer or trust (in your will) but if you do nothing your girlfriend will get precisely nothing.
    Answer Applies to: Michigan
    Replied: 10/31/2012
    SmartWills
    SmartWills | Scott Pesetsky
    Put the house in trust, name girlfriend as beneficiary, update trust if your relationship ends. You could also leave it to her by will, but then she will need to get it through probate, and may need to sell the house to pay probate fees.
    Answer Applies to: California
    Replied: 10/31/2012
    Hamblin Law Office | Sally Hamblin
    If you want to be certain of that, have you thought snout adding her name to the property? She could then work with mortgage company to assume the mortgage if she likes.
    Answer Applies to: Michigan
    Replied: 10/31/2012
    Claire Lindsay | Claire Lindsay
    Your house will be subject to intestate succession rules to determine ownership. Girlfriends are not on the intestate succession charts. She would just will have a claim against amount paid towards the home. It would be best to have a will bequeathing it to her.
    Answer Applies to: Texas
    Replied: 10/31/2012
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    The lender would probably accept payments, but that would be insufficent to assure that she could stay in the house. You need to do a Will or a trust.
    Answer Applies to: Oklahoma
    Replied: 10/31/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Unless you convey a property interest to her during your lifetime, there is no guarantee that she will be able to remain in the house. The mortgage company would likely not care about the transfer of an interest as long as they continue receiving monthly payments.
    Answer Applies to: Minnesota
    Replied: 10/31/2012
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    Yes, if your will leave your home to your girlfriend, the bank cannot call the loan so long as she continues making the payments.
    Answer Applies to: California
    Replied: 10/31/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    You need to make a will giving her the house or else it go your family.
    Answer Applies to: Michigan
    Replied: 10/31/2012
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Better see an attorney about putting your girlfriend on the title of the house or some other means to leave the house to her if this is what you want?
    Answer Applies to: Michigan
    Replied: 10/31/2012
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Make a will leaving the house to her. Yes, she can continue to make payments on the mortgage after you die, in general (death is a default on the mortgage, they could call it and make her refinance, but if they are getting payments regularly they probably won't). She will have to make these payments out of her own funds, unless in your will you direct that assets of your estate be expended to pay the mortgage.
    Answer Applies to: Oregon
    Replied: 10/31/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    She can continue making payments, but why would she, unless the title is changed to her name before your death or you will her the property.
    Answer Applies to: California
    Replied: 10/30/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    For her to keep the house you must put it in your Last Will & Testament. The documents for the finance depends on the finance company. If the relationship is solid, put her on the deed and the mortgage. That way she will get to own the property and be responsible for the debt too. In this way there will not be an interruption in ownership or mortgage paperwork. ? You can also name her in the Will and not put her on the deed and debt. This way she will get the property at your death but she will have to contract with the mortgage provider for financing it in her name.
    Answer Applies to: Georgia
    Replied: 10/30/2012
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    No, she will not be able to continue living in the house or making the loan payments. To accomplish your goal, she will need to have some kind of right to possession of the house (most commonly an owner) and be named as a borrower on the loan. other than the intended recipient is strictly prohibited.
    Answer Applies to: Oregon
    Replied: 10/30/2012
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    You need to see an estate planning lawyer and get appropriate documents drawn up. In particular, I think you need either a will or a living trust. Your girlfriend will have no right to stay in the house without appropriate estate planning, even if she offers to make the payments. There are many lawyers on LawQA, including me, who help clients with estate planning matters. I am also sure that you can find one in your area. PLANNING o this email. The original content and subject should not be modified, otherwise your answer will not be valid.
    Answer Applies to: California
    Replied: 10/30/2012
    Asset Protection and Elder Law Center
    Asset Protection and Elder Law Center | Shadi Alai-Shaffer
    You need a Trust and Estate Plan to do this. Go to a trust attorney, I promise you it will be a decision and expense you will not regret and it is the best way to protect yourself and meet your goal to have her stay in the home or have it.
    Answer Applies to: California
    Replied: 10/30/2012
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    Unless she signed on the debt, the answer would be probably be "no". The house would be part of his estate. The California Probate Court would have to say "yes" or "no". She should file a claim against the estate, if she is not on the paper work.
    Answer Applies to: California
    Replied: 10/30/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, I have seen lenders (mortgage companies) allow someone else, such as a girlfriend or relative, to continue to pay the mortgage and live in the property. You should create/modify your estate plan accordingly if you want her to be able to remain in or possess the house after your death.
    Answer Applies to: Maryland
    Replied: 10/30/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You do not mention if she is the beneficiary of the home upon your passing? Do you have a Will? Trust? If you have neither then she would not be entitled to reside in your home unless the beneficiary agrees to that. I suggest that you consider using a pay on death deed in Nevada. If your loan has a due on sale clause then the lender can call the loan when title changes. Whether you have a due on sale clause or not, you or your girlfriend may want to look at purchasing some life insurance to pay the home off at your death.
    Answer Applies to: Nevada
    Replied: 10/30/2012
    GOLD & ASSOCIATES, P.C.
    GOLD & ASSOCIATES, P.C. | KENNETH GOLD
    You need to put an estate plan in order. As your girlfriend, she has no rights.
    Answer Applies to: Michigan
    Replied: 10/30/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    When you die the house goes either to your heirs in a will you create and sign, the beneficiaries of trust of you create and sign one, or of there is neither, to the heirs listed in the intestacy statutes of the state where you live. The heirs would decide, unless you make her the heir under a will or trust or give her a right to stay under a will or trust. Any oral instructions or wishes you make are not enforceable. You should consult with an attorney to do this correctly.
    Answer Applies to: California
    Replied: 10/30/2012
    Law Offices of R. Christine Brown | R. Christine Brown
    Anyone can make payments on your house after you die. If you do not prepare a Will or a trust naming your girlfriend as the beneficiary of your house (or your estate) why would she continue making payments on a house that will not belong to her. If you do not prepare a Will, the house will go to your next of kin (which she is not).
    Answer Applies to: California
    Replied: 10/30/2012
    Bassinger & Harvey
    Bassinger & Harvey | Randy J Harvey
    You will need to either include her in your will and leave her the house, or place her on the title prior to your death as a joint owner with right of survivorship. Generally, I recommend using the will option. Another obvious solution is marriage. Then the property would pass to your spouse. You should explore all of the options with an attorney to get the best advice for your particular situation. This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles. You should not rely on this information without consulting an attorney and providing the attorney with a complete set of facts. We provide a reduced rate initial consultation for $35.00, if you would like a more complete answer. We are not representing you in this or any other matter, unless and until you and we have entered into a written agreement for services.
    Answer Applies to: Oregon
    Replied: 10/30/2012
    Doland & Fraade | Michael Doland
    You really need to consult an attorney and put a simple estate plan into place.
    Answer Applies to: California
    Replied: 10/30/2012
    Frederick & Frederick PLC | James P Frederick
    It is not the payments that are necessarily the issue. It is the title. If she is not on the title, your interest in the property will pass through your estate. If you leave it to her in your Will, then she would receive it. If not, then someone else could kick her out.
    Answer Applies to: Michigan
    Replied: 10/30/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    She can continue to make payments on the house. You will need to transfer ownership of the house to her in the event of your death. You can do this via a will, a deed or a trust. If you die without having done any of these then she may be out of luck as your family will inherit your estate. That is why estate planning is so important.
    Answer Applies to: Nevada
    Replied: 10/30/2012
    Paul Nidich, Attorney at law
    Paul Nidich, Attorney at law | Paul Nidich
    You need a will leaving your house to your girlfriend, but there is no guarantee that your mortgage company will accept payments from her. She might have to re-finance. You should see a local attorney who does estate planning.
    Answer Applies to: Ohio
    Replied: 10/30/2012
    Zahaby Law Offices
    Zahaby Law Offices | Jon A. Zahaby, Esq.
    You will need to do some Estate Planning. Adding her now to your property has tax implications. Therefore, having a revocable living trust and conveying the property to the trust is going to accomplish your goals.
    Answer Applies to: Hawaii
    Replied: 10/30/2012
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