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TOD Deed

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mournblade5 Joined: 31 Mar 2009 Posts: 3 2.09 Dollars($)	Posted: Tue Mar 31, 2009 9:55 am    Post subject: TOD Deed Like 0 Dislike 0 I want to create a more secure transfer of my home to my "domestic partner" if I should die. We do not want to marry but she will be living with me shortly. I want to protect any probate or family from attaching claim to the home should I die. What is the best legal instrument to do this ? I live in Texas.
smithsussane Joined: 18 Sep 2008 Posts: 10439 Location: Alaska 985.83 Dollars($)	Posted: Tue Mar 31, 2009 10:17 pm    Post subject: Like 0 Dislike 0 Hi mournblade! Welcome to forums! You can go for a joint tenancy with right to survivorship. This will help your domestic partner to inherit the property directly after your death. In this case, the property does not go for a probate. I would suggest you to contact an attorney while drafting the deed. He will be able to help you in filling out the deed. Sussane
mournblade Guest	Posted: Wed Apr 01, 2009 8:03 am    Post subject: Joint Tenancy with right to survivorship Like 0 Dislike 0 Are there other alternatives ? This allows the joint tenant's creditors to come after me while I'm alive yes ? I would prefer my girlfriends (joint tenant) creditors not have reach of me while I'm alive and vice versa through the deed. By the way I still pay on the mortgage and understand the mortgage is a separate entity but one of security against the property. Is there a way to get my mortgage company (bank) to approve of the transfer of payments without a credit score criteria to assume payments ?
adonis Joined: 22 Oct 2005 Posts: 10574 Location: ALASKA 1090.82 Dollars($)	Posted: Thu Apr 02, 2009 12:01 am    Post subject: Like 0 Dislike 0 Hi mournblade, Yes, in case of joint tenancy with right to survivorship, the creditors of your joint tenant can come after your property. In such a situation, it would be better if you could go for a will. After your death, your partner would probate it and transfer the property in his/her name. The mortgage company would let your partner assume your loan only if your partner has a good credit score and financial situation.

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