Can one spouse be on the mortgage but both on the title?

Asked by: Adele Johnston  |  Last update: March 11, 2024
Score: 4.2/5 (26 votes)

Even if one spouse is on the mortgage loan, you can still put both spouses on the deed, ensuring they both own the property. A deed is the physical document that shows who owns the title, or the legal right to the property.

Can only one person be on mortgage but both on title?

When there are two names on a title deed, it means that there are joint owners of the property and each person owns an equal share of the property. The mortgage does not need to include both names to be valid. Even if the mortgage only lists one spouse, it does not affect the share of the ownership of the property.

Can I put my wife on the title but not the mortgage?

Yes, you can put your spouse on the title without putting them on the mortgage. This would mean that they share ownership of the home but aren't legally responsible for making mortgage payments.

Can the title and mortgage be in different names?

Yes, someone can be on the title and not the mortgage. The two terms “deed” and “title” are often used synonymously. A person whose name is on a house deed has the title to that particular house.

What does it mean if my name is on the deed but not the mortgage?

In other words, if your name is on the deed, you are tenants-by-the-entireties, and if one of you dies, the other owns the property entirely. If you are not on the mortgage for whatever reason, you are not liable for paying the mortgage loan. That said, you get your spouse's interest in the property if they die.

Two Names on Deed, One on Mortgage – Who Owns the House? by Peter Zinkovetsky

17 related questions found

Is it better to be on the mortgage or the deed?

If your name is on the deed but not on the mortgage, your position is actually advantageous. The names on the deed of a house, not the mortgage, indicate ownership.

What happens if I died and my wife is not on the mortgage?

But, if the surviving spouse is not listed on the mortgage, there must be a transfer of ownership in order for the surviving spouse to keep the house. Once ownership is transferred to a surviving spouse or any other heir, it is up to them to continue making payments until they decide what to do with the house.

What if my partner dies and the mortgage was in their name only?

A mortgage lives on after the death of the borrower, but unless there is a co-signer or, in community property states, a surviving spouse, none of the deceased person's heirs are responsible for paying the mortgage. Those who are in line to receive an inheritance may be able to take over payments and keep the house.

Does it matter whose name is on the mortgage in a divorce?

While the name on the mortgage can influence who is responsible for the debt, it doesn't necessarily dictate how the property is divided.

Does it matter whose name is on the house?

Who's going to get the house? Well, it's kind of a trick question because it doesn't matter. It doesn't matter whose name is on the deed or whose name is on the mortgage. Nine times out of 10 what matters is when the house was purchased and with what type of funds it was purchased.

Can you add spouse to title without refinancing?

If you create a verbal agreement to add the person to the title. They have no legal obligation to contribute to mortgage payments. Unless they are co-borrowers. A deed without refinancing is the only way to make someone responsible for your mortgage debt.

How do I add my wife to my mortgage title?

You just got married and now you want to add your new spouse to the mortgage or title of your home. Putting your spouse on title (adding them to the ownership) is a simple process. All you need to do is have a grant deed prepared, sign it in front of a notary public, and then have it recorded.

Can my wife take out a loan without my knowledge?

Yes, it's possible for someone to fraudulently take out a loan in your name without your knowledge. This is known as identity theft.

What if my husband died and my name is not on the house?

In our example, if the husband had a will then the house would pass to whomever is to receive his assets pursuant to that will. That may very well be his wife, even if her name is not on the title. If he dies without a will, state laws will determine who is entitled to the home.

Can you be a co borrower on a mortgage and not on the title?

Generally, co-borrowers share the title of the home. But this isn't always the case since the loan and the title are separate. Be aware that if you're a co-borrower and your name isn't on the title, you'll still be responsible for paying off the mortgage – but won't have the right to use the house.

Should both spouses be on the deed?

In a community property state — let's say California — your ownership rights are automatic for a house acquired during your marriage. Your home is equally shared between you, fifty-fifty — no matter how it's titled. You can change this only by giving up your rights in the home.

Does the husband always lose the house in a divorce?

If the couple cannot agree on who stays in the home, a judge will decide based on property division laws. California is a community property state, which means that anything the couple acquired during the marriage belongs to both equally.

Should my husband put my name on the deed?

The typical reason to add your spouse's name to your deed is to remove your property from the time-consuming and costly probate process, guaranteeing your spouse will get the property when you die. However, this isn't automatically true, and there may be a more efficient way for you to accomplish the same goal.

Does my husband have to pay the bills until we are divorced?

Until the divorce is officially finalized, both spouses may still have shared financial obligations, but temporary agreements or court orders may determine the specific financial arrangements.

What happens if my husband died and I'm on the mortgage?

If you and your spouse have a mortgage on a property that's owned jointly, as we mentioned earlier, the responsibility of making payments on the mortgage will just fall to the survivor after the first spouse passes away. In this case, the surviving spouse would become the sole owner.

What happens to house with mortgage when owner dies?

When you pass away, your mortgage doesn't suddenly disappear. Your mortgage lender still needs to be repaid and could foreclose on your home if that doesn't happen. In most cases, the responsibility of the mortgage will be passed to the beneficiary of the home if there is a will.

What happens to your house when your spouse dies?

Jointly Owned Property

Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property.

What happens if my husband dies and everything is in his name?

In most cases, the spouse's will determines what happens to their property. So, you must look over the will with an attorney to see if you're entitled to their property. However, if your husband didn't have a will, you may automatically inherit the property, depending on your state's laws.

What does it mean to be on the title but not the loan?

By adding your name to the title, but not to the mortgage, he is giving you half ownership in the property without any responsibility for making the mortgage payments. Of course, you will contribute equity and cash to pay the mortgage, but you don't have any legal liability for this debt.

What debts are not forgiven at death?

Additional examples of unsecured debt include medical debt and most types of credit card debt. If you die with unsecured debt, repayment becomes the responsibility of your estate. Your legal estate refers to all the assets, property and money left behind by you or another deceased person when they die.