Give her the money 2 weeks before, let her cash it in her account, and then, she'll pay the fee alone.

What's the relevance of the two weeks? If it's fraud to do this I don't see why two weeks would make a difference.

@Carlos2W When you buy a house, you have to demonstrate where the down payment comes from, typically by showing bank statements going back several months. So when you're pulling together funds for a down payment, do it at least a month before the earliest month the bank wants to see. Then the bank sees the balance in one account for the full term and you can say that you saved the money until you had enough, and that you waited to start shopping for a house until you had the money together. When you do not declare gifts as such, it's probably fraud, but I'm not in law enforcement, and IANAL.

I'm not in US, so I didn't know you need to declare gift between spouse. Here in Canada you don't if you're maried or common-law partners (what OP looks like). And I said two weeks to see it in bank statement, but depending the bank, you may need more time, like a month or two like @Xalorous said)

In a community property state in the US, the money already belongs to both of them. But he said girlfriend, not wife. Asking a local lawyer is the best way to do this.

We're not married (common law or otherwise). And the gift amount would be $3-5k.

@Xalorous "you can say that you saved the money until you had enough" - so, lie to the bank about where the money came from? That sounds like fraud to me.

You can structure it as prepaid rent. That would be neither a gift nor a loan. Rent also strongly implies you're not the owner.

If you gift the money and you then pay rent. It will be difficult to get any of that money back if you split up.

My apologies but I am going to play the ass-hat here. You are not married and your proposed plan has monumental risks for you and almost no risk for her; I sincerely hope you two make it but a commitment such as this one I would never condone. Wait for the wedding, you will have more money afterwards and a guaranteed spot on the deed.

@Xalorous These are very dangerous suggestions. You should never put yourself in a position where you are purposefully manipulating data to present to e.g. a bank. Whatever you do, don't lie to the bank. You are turning a potentially awkward conversation with the bank ('yes, my boyfriend gave me a gift of 5k for the down payment') into a worse conversation with law enforcement ('yes, I lied to the bank about the true source of these funds').

@Carlos2W You as well - please don't promote fraudulent activity on this site.

@Grade'Eh'Bacon wasn't my intention. I really don't understand why is that seen as a fraud if they're (formal) spouses. If the bank needs proof, just show payroll or other proofs.

@MonkeyZeus I suppose it had to be said, although it's a thoroughly beaten horse on this site. It is good advice, but mostly unrelated to the question. Think of it hypothetically if it helps you get around the risky behavior.

"Risky behavior" referring to the financial risk, not fraud risk. I want nothing to do with anything fraudulent.

I don't know why you'd put money down on anything if you aren't listed as an owner. Will you be listed on the title? If not, then it's just a gift. And a gift means when you two split you're walking away from all that cash. Good luck!

I understand that my comment is not specifically applicable to your question but I have friends that have been burned badly by things like these so I'm just trying to look out for you. Please see my other comment. money.stackexchange.com/questions/72125/… as it relates to the question at hand. Basically you have to sign off on it as a gift and the bank will be fine with it and should have no further questions nor legal ramifications.

Presuming that you guys live happily ever after then there should be zero issue with getting your name on the house deed; and mortgage too (if you're credit score won't hurt the APR).

I live in a community property state so, AFAIK, my name will be added to the title with the marriage (after the appropriate amount of paperwork).

You give cash today with the promise of title 2 years from now. A fool and his money are soon parted is the only thing that comes to my mind.

Long story, short. (1) Yes, gifting money is legal with proper documentation. (2) Get your name on the deed because you are getting married in two years, right? So this should cause zero issues or tension in the present relationship.

@TechMedicNYC - Maybe A fool and his money should have never got together in the first place.

@Ben.12 I fail to see how it is contrary. That situation is not similar to yours. You need to CYA (cover-your-ass) in the event of the worst scenario possible. If your name is not on that deed then you get nothing

@MonkeyZeus Are you suggesting that I take part ownership in the home? Maybe I'm not understanding what you mean by getting my name on the deed?