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You will have a say but this can get tricky once they are married. I would ask the advice of a real estate attorney or hurry up and get your name off of the loan and deed.
Assuming you two hold title as tenants in common, he could gift his interest to her (or to anyone else), and you could do the same. An owner of property can generally encumber or transfer his interest in the property to someone else. This is a fundamental property right, called the right of alienability. (there are restrictions in the case of married couples who are joint tenants or tenants by the entireties but that isn’t your situation.) If your ex-fiancé transfers his interest to someone else, you and the transferee become the record owners. But his transaction has no effect on your interest in the property. You should also be aware that the mortgage or deed of trust (assuming he signed it) probably prohibits him from transferring his interst without the lender’s consent. But if he presents to the county recorder a deed transferring his interest, the recorder will not check the mortgage. Nevertheless, a transfer without the lender’s consent is probably a default under your mortgage. It’s the lender with the power to prevent his transfer of interest, not you. This is one reason why you have to be very careful about buying property with another person without an enforceable agreement as to disposition of the property.
My ex-fiancé and I bought a home together in northern Florida. We literally broke off the engagement a month after closing, but still own the home together. He is now engaged to another woman and I just want to make sure she won’t have any way of being added to the title if they get married and we haven’t yet refinanced to get my name off the loan or sold the home…basically, in order for any changes legally, I would have to have a say in the matter right?
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