basically i am putting down 20% to purchase a new house.
the girl im dating wants to be on the mortgage but she is not putting anything
into the 20% deposit.
I will probably paying 60% she will pay 40% or the monthly payments.
what i want to know is if we go to sell the house, is she legally entitled to 50% because
her name is on the mortgage?
thanks
Is it that she wants to be on the mortgage or on title? Being on the mortgage would not give her any rights insofar as selling the property is concerned - though the lender may require that she be on title also.
Each state has different ways one can hold title. In my state, Califronia, there are a couple of main ways to hold title: Tenancy in common and joint tenancy.
In tenancy in common the owners can have different shares of ownership while under joint tenancy there is an undivided ownership.
You really should check with someone in your state about the best way to hold title as each method has positive and negative effects.
Typically a RE purchase by unmarried individuals will be deeded as tennants in common or joint tennancy with right of survivorship. To my understanding each tennant will have an undivided 1/2 interest in the property unless otherwise described in the deed or perhaps by a seperate legal agreement.
What happens when you split up with the girl you are dating ? If you have concerns now that she will cause trouble in the future, then don’t go into a deal together.
If you still insist on going forward, have an attorney draw up a joint venture agreement that spells out each person’s liability and responsibility in the deal, AND the division of income and/or profit.
I agree. At the very least you need a contract with her outlining her percentage ownership and obligation to pay. It should also outline what happens if one person doesn’t make their part of the payments.