Asked by wilma  |  Submitted October 19, 2014

I owned a condo prior to my marriage. A year ago I refinanced with a lower interest rate.

The lender asked to place my husbands name in the title along with mine. If something happen to me, we want the condo to go to my son. My husband is willing to do what ever it takes to put it only under my name. Please advise.

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  Answers  |  2

October 20, 2014

You must visit an estate planning attorney, not just for this property but for all of your assets. It is up to you to have a real plan for what happens if you die. Otherwise you will leave your heirs with a big mess to clean up, and your wishes might not be realized.

$commenter.renderDisplayableName() | 05.26.17 @ 15:14

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October 21, 2014

Wilma:

I'm not really sure if there is a specific question here, but I will provide some direction from the lending perspective. Alex has given you some direction on the financial planning / estate side.

The critical point is whether or not you are both on the note (not "the mortgage"...but the actual note which is the loan). People can be removed and added to title through other legal means, but the only way to remove someone from the note is to refinance (or sell) the property. Therefore, if your husband is both in title and on the note, the only way to get him off is to refinance this property.

Hope that helps.

$commenter.renderDisplayableName() | 05.26.17 @ 15:14

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