Legal Question in Wills and Trusts in Indiana

I am living in a house now with my roommate, he is the only person on the mortgage, the house is not paid off. Is it better to have my name put on the mortgage or have the property willed to me in case he can no longer pay for the property?


Asked on 3/06/12, 9:31 am

3 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Why would you want your name on the mortgage? So you have responsibility for the debt? You need to post more about what you are trying to accomplish before this question can be answered satisfactorily.

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Answered on 3/06/12, 10:20 am
terrence rubino rubino ruman crosmer smith and sersic

i understand the facts are: you live in a house which is owned by another person. that person has a mortgage on the house. that person wants you to receive the house when he dies. the easiest thing assuming he is elderly and that is the reason for your question is for him to do a will leaving you the house. you will inherit it subject to the mortgage which is a lien on the house for repayment of the loan.

if the issue is that he cannot pay the motgage and is looking to you to pay it, you should have at least joint title to the property transferred to you in order to protect yourself.

you are best served by hiring a reputable lawyer in your locale and he/she will be able to have all of the facts and draft what you need. good luck.

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Answered on 3/06/12, 10:27 am
Voyle A. Glover Attorney at Law

I cannot think of a reason why you'd want your name on the mortgage. As has already been wisely suggested, have the room mate put it in his will. There are a number of options here, but it's difficult to advise you where there are too many unanswered questions that are legally significant.

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Answered on 3/07/12, 12:58 pm


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