How do i add my common law spouse to the title of the house when there is a mortgage on the house

Legal Questions & AnswersCategory: CivilHow do i add my common law spouse to the title of the house when there is a mortgage on the house
lpattison Staff asked 4 years ago
Brian Landy Staff replied 4 years ago

Adding a spouse to the title would likely breach the due-on-sale clause in your mortgage. In Colorado you can leave the house to your spouse automatically at death, without a probate, using a beneficiary deed. I recommend contacting an attorney for such a deed, and likely general estate planning advice.

chrisleroi Staff replied 3 years ago

You likely can’t, as Mr. Landy has pointed out. Most mortgage lenders would view that this is a change in title (they do this when we try to put property in a trust all of the time) and would consider it a “sale” and require the balance of the loan to be paid. Mr. Landy is correct that you can file a beneficiary deed with the clerk and recorder’s office that is revocable at any time and which only goes into effect upon your death.