Indiana Home

[JM1975]

What is the name of your state? Indiana
I own my home in Indiana and my girlfriend lives here with me. If I were to die, would she be forced to move out? What are the steps we need to take to make sure she is protected? I think I know the answer, but let me know if I'm missing anything:
1 - Get married
2 - Jointly refinance the house

Thank You

 

[adjusterjack]

You don't have to do either. Indiana has an easy answer for you with its Transfer on Death Property Act 32-17-14:

https://law.justia.com/codes/indiana/2019/title-32/article-17/chapter-14/

You make her a beneficiary on your deed (not an owner), just like you would list a beneficiary on insurance and accounts, then record the new deed. Has no effect on your mortgage because you are still the sole owner.

You die, she gets the house automatically without probate. And the best thing about it, breaking up is no big deal, you just revoke the beneficiary deed and record the replacement. You avoid the nightmares of being tied financially to her when the relationship sours.

You can find the form online in a variety of places.

https://duckduckgo.com/?q=indiana+beneficiary+deed&t=h_&ia=web

 

[Just Blue]

You don't have to do either. Indiana has an easy answer for you with its Transfer on Death Property Act 32-17-14:

https://law.justia.com/codes/indiana/2019/title-32/article-17/chapter-14/

You make her a beneficiary on your deed (not an owner), just like you would list a beneficiary on insurance and accounts, then record the new deed. Has no effect on your mortgage because you are still the sole owner.

You die, she gets the house automatically without probate. And the best thing about it, breaking up is no big deal, you just revoke the beneficiary deed and record the replacement. You avoid the nightmares of being tied financially to her when the relationship sours.

You can find the form online in a variety of places.

https://duckduckgo.com/?q=indiana+beneficiary+deed&t=h_&ia=web

To add to this...Make sure you change your will/deed if you and she split up.

 

[zddoodah]

I own my home in Indiana and my girlfriend lives here with me. If I were to die, would she be forced to move out?

I'm assuming that you are the sole owner and that your girlfriend has no legal interest in the property.

Also, death is not a matter of "if."

That said, we have no way of predicting the future in this regard -- especially since you told us nothing about what your will (if you have one) says.

What are the steps we need to take to make sure she is protected?

Protected from what?

I think I know the answer, but let me know if I'm missing anything:
1 - Get married
2 - Jointly refinance the house

Huh?

You certainly can get married if you want, and doing so would potentially result in her inheriting an interest in the property if you die before she does. I have no idea what you're thinking by #2. No lender is going to give a joint mortgage loan without both borrowers being on title (although I'm sure some or all lenders would be happy to have a co-signer).

I suggest you figure out whether or not you want to get married and what you want to happen with the house after you die, and also that you consult with an estate planning attorney.

 

[JM1975]

I'm assuming that you are the sole owner and that your girlfriend has no legal interest in the property.

Also, death is not a matter of "if."

That said, we have no way of predicting the future in this regard -- especially since you told us nothing about what your will (if you have one) says.




Protected from what?



Huh?

You certainly can get married if you want, and doing so would potentially result in her inheriting an interest in the property if you die before she does. I have no idea what you're thinking by #2. No lender is going to give a joint mortgage loan without both borrowers being on title (although I'm sure some or all lenders would be happy to have a co-signer).

I suggest you figure out whether or not you want to get married and what you want to happen with the house after you die, and also that you consult with an estate planning attorney.

I think adjusterjack answered my question above by suggesting the Indiana Transfer on Death Property Act. But thanks for you reply.