• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

co-op mortgage & joint tenant

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mulderfx

Junior Member
What is the name of your state? NY

I currently own a co-op with my girlfriend as a joint tenant on the stock certificate. The mortgage on the co-op is under my name, and neither my girlfriend or any other relatives have co-signed the loan. Although her name is on the stock certificate & the lease, she is not living with me in the co-op at the moment. There are a few scenarios that I am concerned about:

1. Without her name on the mortgage, does ownership of the stock certificate affect my girlfriend's credit? And will it affect a potential lender's consideration to lend her money?

2. If my girlfriend & I marry, will she be legally liable for the mortgage?

3. If I pass away before we're married, will my girlfriend assume the mortgage automatically, or would the mortgage company likely require the sale of the co-op in order to settle the loan?

4. If I do pass away, I will likely have an insurance policy with my brother as the beneficiary (for the time being, I want to keep the co-op & insurance proceeds separate from each other). What will be the tax implications of the insurance proceeds, specifically if I instruct that the proceeds should be used to pay the remaining mortgage balance?

5. Can I name someone in my will to have joint tenant ownership of the co-op without changing the stock certificate now? If that occurs, can one party opt out of the ownership? And what will be the mortgage & tax implications?

6. Can I specify in a will my intentions regarding the co-op's ownership including a monetary amount can change hands?
 


HomeGuru

Senior Member
mulderfx said:
What is the name of your state? NY

I currently own a co-op with my girlfriend as a joint tenant on the stock certificate. The mortgage on the co-op is under my name, and neither my girlfriend or any other relatives have co-signed the loan. Although her name is on the stock certificate & the lease, she is not living with me in the co-op at the moment. There are a few scenarios that I am concerned about:

1. Without her name on the mortgage, does ownership of the stock certificate affect my girlfriend's credit? And will it affect a potential lender's consideration to lend her money?

**A: no and maybe.
********

2. If my girlfriend & I marry, will she be legally liable for the mortgage?

**A: no.
*******

3. If I pass away before we're married, will my girlfriend assume the mortgage automatically,

**A: no.
******
or would the mortgage company likely require the sale of the co-op in order to settle the loan?

**A: yes or she can buy your interrest..
********

4. If I do pass away, I will likely have an insurance policy with my brother as the beneficiary (for the time being, I want to keep the co-op & insurance proceeds separate from each other). What will be the tax implications of the insurance proceeds, specifically if I instruct that the proceeds should be used to pay the remaining mortgage balance?

**A: post on the tax law forum.
*********

5. Can I name someone in my will to have joint tenant ownership of the co-op without changing the stock certificate now? If that occurs, can one party opt out of the ownership? And what will be the mortgage & tax implications?

**A: see above.
*******
6. Can I specify in a will my intentions regarding the co-op's ownership including a monetary amount can change hands?
**A: yes...........
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top