Major joint purchase

Your questions can cover a lot of different areas but let's boil it down to its basic components. You and your future wife are entering into an agreement to buy real property. You will likely obtain a loan and you will both execute loan documents which make you both jointly and severally liable. If you were already married, should something happen to the marriage, there are general rules in family law regarding divorce that provide some answers (although far from perfect answers). You may also have a prenuptial agreement which may address how issues regarding the house would be handled in a divorce situation. Also, if one of you were to suddenly pass, if the title were not held "with rights of survivorship", family law may provide answers if the will does not. In very basic terms, Georgia law has some answers to what happens to real property in the marriage situation, although they may be far from the best for your particular situation. A prenuptial agreement may be advisable to address property situations after the marriage.

Entering into a property purchase with someone else prior to marriage however is rarely a wise decision unless you have a written agreement addressing the multitude of issues which may arise should you not get married or should something unexpected or unanticipated happen. By purchasing property with someone not your spouse, you are effectively entering into an arrangement with that person that should be documented for possible contingencies in the event that the marriage does not occur.

Other points you should consider are the potential impact on your ability to independently pay any mortgage and taxes on the house should your marriage plans go awry. So the considerations here would include all of those admonitions about weighing other options carefully before co-signing or guaranty of someone else's debts.

A home purchase, and the mortgage that often accompanies the purchase is a long term legal commitment and investment. So you should plan accordingly.

If you do not need the advantage of your future spouses income to qualify for financing for the house, it would probably be wise to buy and title the home only in your name (or only in hers). After the marriage you can consider deeding an undivided interest and refinancing or obtaining the lender's permission (which may be required if there is a "due on sale" clause in the loan documents) to transfer this partial interest in the property.

Note: This Answer and any information contained in this answer is not intended to be treated as legal advice, but is offered solely for information purposes; And, this posting does not create an attorney-client relationship or privacy privilege of any kind. This attorney licensed only in Georgia.