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kbc87 t1_j6iawix wrote

You can create a will that says she gets the house or you can add her to the title.. She doesn't need to go on the mortgage.

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NotYourDude t1_j6ibcgu wrote

Is that all it takes? My concern (and ignorance) would be how the bank would then handle the existing mortgage. The bank would honor my will and then it would be assigned to my fiancé?

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meamemg t1_j6ibemj wrote

Adding someone to the mortgage involves who is responsible for paying for the debt, not who owns the house. Get a will.

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kbc87 t1_j6ic1r5 wrote

Either your estate will have to pay off the mortgage or she will need to keep making the payments on it. But yes she can get the loan transferred to her. They may make her refinance it, but it can and would be done in that case.

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kylejack t1_j6ic1sr wrote

Federal law requires banks to allow family members to assume the mortgage if it's left to someone at death, but the same does not apply to unmarried partners. If she can afford the mortgage and credit is okay, there is a good chance they will let her. If they don't let her, she would need to either secure a new mortgage with another lender, or sell the house and she can take the equity and buy or rent somewhere else.

One idea is to have a secret courthouse wedding right now and then save the full wedding event with family and friends for later. Nobody has to know but you two and the justice of the peace.

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TholosTB t1_j6idr5q wrote

When my wife and I got engaged, we revised our wills and our lawyer chose some non-specific term like "my dear friend TholosTB" instead of fiance in order to avoid any weird loopholes as our status changed over time.

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manwnomelanin t1_j6ietjo wrote

Most people use term life insurance for your mortgage concerns.

Get term insurance with a death benefit for the amount of the mortgage and list her as the beneficiary.

God forbid you kick the bucket, the house will be paid off with the insurance payout and she won’t have to worry about it.

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kylejack t1_j6ii0ax wrote

This varies by state. In some states the homeowner is the listed owner on the title, with the bank having a lien. Even in states where the bank is listed as the owner, they don't have a lot of powers you might expect of an owner, such as the right to sell the house whenever they want.

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Vivid_Speech3773 t1_j6iivtx wrote

TLDR: A will to insure fiance inherits the house and enough term life insurance so finance can at least pay off the mortgage. Boom, done. . . First, make absolutely sure that any advice you decide to follow is in accordance with Indiana state law.

Second, seriously consider a short visit with a lawyer specializing in Indiana inheritance law. Initial consultations of 15 minutes or less are either free or low cost. Bring copies of your mortgage documents, title insurance, and any other paperwork from when you bought the house. Along with a written list of questions that you want answers to.

Assuming you have a will, take out enough term life insurance to cover the cost of paying off the mortgage, a years worth of property taxes and home owners insurance, and at least 6 months of utility bills. As well as the costs of probating your will and burial costs.

This way, your fiance won't have to deal with your mortgage company along with grieving and dealing with probate.

(edited for clarity)

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PM_Georgia_Okeefe t1_j6ijq0s wrote

Best move is to put the house in a trust and make her the beneficiary.

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ste1071d t1_j6ik24h wrote

She won’t be able to assume the mortgage if you’re unmarried, no.

You can leave her the house in your will and make sure she’s the beneficiary of your life insurance (if you don’t have any outside of your job, get your own term life insurance now) and she can pay off the balance out of that.

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lakehop t1_j6irsgg wrote

Will and life insurance with fiancée as the beneficiary to pay off the mortgage, if the concern is she won’t be able to remortgage it.

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kinda-sorta-retired t1_j6iud62 wrote

Google “Indiana transfer on death deed”

That’s what you’re looking for. There are companies that will sell you the forms to complete and file yourself, and sell her the forms to complete in the event of your passing.

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