Legal Question in Real Estate Law in Arizona

My girl friend and I are buying a house and putting equal money down. The title will be in both names but because she has poor credit the mortgage will be in my name. Will there be any issues if one of us decides to sell the house down the road?


Asked on 4/08/12, 7:30 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Yes, there will be a lot of issues. You are strongly advised to make and enter into a binding Cohabitation Agreement with your girlfriend before you consumate the purchase of this house.

A cohabitation agreement is very much like a pre-nuptial agreement, however, you and she will be protected by this agreement, the moment that you both sign the agreement and it should cover all of the actions that you take, as individuals and as joint owners. If the title is in both your names, the mortgage lender usually requires both parties to be responsible for the loan. If both of you are in title, one of you cannot sell the property. Depending upon how you hold title, one of you may be able to sell your interest in the house to someone else. The real questions to deal with immediately are; 1) what happens if one of you doesn't pay their share of the mortgage payment, taxes, insurance, maintenance and improvements to the house; and 2) what happens when the two of you are no longer "friends?"

You should consult with an attorney immediately and get help so that your effort to own a house, live together, and perhaps work toward a permanent relationship can be successful, and if not, you are both protected and the property is dealt with honestly and fairly.

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Answered on 4/08/12, 6:39 pm


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