Home Buying in 46383>Question Details

Crystal, Home Buyer in Valparaiso, IN

if a couple is looking into buying a house and the two are not married but engaged what would be the proper precautions to take in this process?

Asked by Crystal, Valparaiso, IN Sat Jun 22, 2013

my fiancé and I are looking to buy a house but we want to make sure that we have our "butts" safe and we don't know what processes to take to ensure we will be ok if we end up not staying together.

Help the community by answering this question:


As we all are Real Estate Agents, and NOT attorneys, We may only make suggestions.
1.For any type of "partnership" it is best to contact an Attorney that specializes in Family Law to draw up a contract that spells everything out about your partnership/potential marriage, what each individual brings to the relationship and their endeavors, spell out the "What ifs" situations that may occur in life.
2. The Title/Deed would have the names of those individuals who hold the mortgage when purchased and first Closed. You may ask the Title Company what is the best way to put your name(s) on the Title.

I hope this information is helpful1 Would be happy to assist you with finding your new Home together!
0 votes Thank Flag Link Wed Jul 24, 2013
The real precaution would be to have a partnership agreement drawn up by an attorney.

Basically, you will both be protected by having a plan in case something happens BEFORE you get married, such as - one of you decides they want to sell the property. If you think you can't agree on what to do about that now, imagine what it would be like later!

All the best,
0 votes Thank Flag Link Mon Jun 24, 2013
I agree.
Flag Mon Jun 24, 2013
Hi. It all depends who is pre qualified and who will be paying the mortgage. You have several options. I just had a same situation. Contact me and I can share my experience.
0 votes Thank Flag Link Mon Jun 24, 2013
Hi Crystal,
You ask a very good and common question in today's market. When we find you your home we would just have to make sure both of your names are on the deed. Also in Indiana there are laws about real estate that will protect both parties if you were married and that was your primary residence. I must say that I'm not an attorney and real estate is my expertise AND I specialize in first time buyers. Feel free to give me a call if I can be of any service to you.

Take care and have a happy marriage,
Julie Harvey
0 votes Thank Flag Link Sat Jun 22, 2013

Great question. I'd recommend talking with the attorney at the Title Company handling the sale to make sure you take title in a way which provides the most protection to all parties. Your real estate agent should be able to make that connection for you.

Good luck!

Joe Shoemaker
Principal Broker, REALTOR®
MacDuff Realty Group, LLC
317 413.8501
0 votes Thank Flag Link Sat Jun 22, 2013
The home needs to be purchased in both names with both names on the deed.
0 votes Thank Flag Link Sat Jun 22, 2013
thank you. is that all that we would need to do? what would happen to the house if we ended up braking up or getting a divorce?
Flag Sat Jun 22, 2013
I would be happy to help you in this process... Please call me at 219-309-8011 Jennifer Fedor
0 votes Thank Flag Link Sat Jun 22, 2013
Flag Sat Jun 22, 2013
Hi Crystal, Please give me a call and I will explain the multitudes of senarios and solutions to this serious concern. Yours for god business, Rick Jolliff 219-508-0490
0 votes Thank Flag Link Sat Jun 22, 2013
Call me collect from a pay phone. I have the knowledge...you have the problem.
Flag Mon Aug 5, 2013
i do not have a house phone and my cell phone is broken so i am unable to call you at this point and time. is there anyway that we can talk through emails until i can get a working phone?
Flag Sat Jun 22, 2013
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