My fiancee and I are getting married in September 11. We are planning to buy a house and therefore we are applying for a loan together.The q...

Question

My fiancee and I are getting married in September 11. We are planning to buy a house and therefore we are applying for a loan together.

The question is if legally is:

Should we get married before buying the house or should we buy it jointly as single individuals. Is there any advantage / disadvantage if buying as a married couple or not?

Thanks.

Answer

There is no difference legally once you're married. If you go to settlement before the wedding, you'll get a deed as an unmarried couple, either as joint tenants or tenants in common. After you get married you should re-write the deed to yourselves as tenants by the entirety, which acknowledges your marital relationship. As a real estate attorney, I've done this many times for couple in your shoes--it's quick and inexpensive. Or, depending on when you sign a contract, you could just wait until after the wedding and take title as a married couple.

Answer

There's no reason not to wait until after the wedding. Why go through the time and expense of property and then re-deeding it to yourselves as a married couple? And while I'm sure your relationship is rock solid, I've mediated disputes between folks who have purchased a house together in anticipation of getting married, but never walked down the aisle for one reason or another. It's a messy situation you should avoid. Get married, then buy the house.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******