For example, I once represented a couple living together who wanted to purchase their first home together. The problem was that she had enough money in the bank for a down payment, but very poor credit (some problems in the past). He, on the other hand, had stellar credit, but not the down payment. As a result, he would be responsible for obtaining the mortgage without her. Their “simple” solution was that she would simply give him the money for the down payment. Finance rules, however, state that any financial donation toward the down payment must come from a direct relative (it has to be proven).

So, my question was whether they planned to get married. They said yes, but their plans for over six months out. My suggestion was that they quietly go to the County Clerk, register and take their marriage vows - basically complete the paperwork. They could always announce their marriage to their friends and family in the future and have their celebration. In the meantime, they were officially married, and she could easily provide the down payment.

As the mortgage, however, was only in his name, only his name could appear on the deed. They were able, at a later date, to quitclaim the property into both of their names as a couple. Problem solved.