Can you add your spouse to the title? Of course you can. If you're getting a mortgage, you can absolutely add your spouse to the title. Can your spouse be on the title even if they're not on the mortgage? You can have your spouse on the title even if they're not on the mortgage.
Marriage Dynamics. If the home is not intended to be bought for the use of both spouses, that is, one spouse is buying the house to be used after a pending divorce, it's more prudent to include only one spouse's name on the mortgage. If the house was acquired during the marriage, it may be considered marital property.
If your spouse passes away, but you didn't sign the promissory note or mortgage for the home, federal law clears the way for you to take over the existing mortgage on the inherited property more easily.
Does it matter who's the borrower and who's the co-borrower? Since the borrower and co-borrower are equally responsible for the mortgage payments and both may have a claim to the property, the simple answer is that it likely doesn't matter.
In short, a mortgage is an agreement to pay back the loan amount borrowed to buy a home. A title refers to the rights of ownership to the property. Many people assume that as a couple, both names are listed on both documents as 50/50 owners, but they don't have to be.
Property deeds do not generally affect ownership rights based on the order in which the names appear.
In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.
For a community property in California, it depends upon when and how their spouse acquired the property. The law asserts that all property purchased during the marriage, with income that was earned during the marriage, is community property.
The right to potentially assume (take over) the mortgage.
All successors in California have a right to apply for an assumption of the loan, as long as the loan is assumable. The servicer may evaluate your creditworthiness, including your credit scores, when considering you for an assumption.
Regarding property ownership, two essential documents are the deed and mortgage. Out of these two, the deed is undoubtedly the most important one. It acts as concrete evidence of your rightful ownership of the property.
If your name is on the mortgage but not the deed, you are financially responsible for the loan but do not have ownership rights. This situation can arise if you co-sign a loan or take out a mortgage for someone else's property.
If solely in the deceased spouse's name
The surviving spouse can often assume the mortgage, but this process may involve credit checks and lender approval. If the surviving spouse cannot assume the mortgage, other options must be explored to prevent foreclosure.
They are on the deed, and thus have legal title rights to the property. They are not on the mortgage, however, and are technically not liable for paying the mortgage. This is a unique but all too uncommon circumstance, and seeking legal advice regarding financial protections is not a bad idea.
The short answer is: You, the homeowner, typically hold the deed to your house, even when you have a mortgage.
Adding your partner's name to your mortgage through remortgaging offers potential benefits like joint ownership and improved borrowing power. However, it will involve a whole new application, with joint credit checks and potentially higher interest rates if their credit score is lower.
If your name on deed but not on mortgage death, you own the property if one of you dies. You are not liable for the mortgage loan if you do not have a mortgage. However, if your spouse dies, you inherit their interest in the property. The mortgage lender can evict you if you default on mortgage payments.
In California, the state follows a 50/50 law, which means that any assets that were acquired during the marriage are split equally between both spouses. While this may seem like a fair approach to asset division, it can create problems for individuals who want to keep what's theirs.
If he did not have a will, state statutes, known as intestacy laws, would provide who has priority to inherit the assets. 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 your surviving spouse isn't on the mortgage, federal law provides protections allowing them to assume the mortgage and keep the home. This is assuming they (and not someone else) inherit the property. The surviving spouse must also be able to afford the mortgage payments to assume the mortgage.
If you are married or in a common-law relationship of more than two years, your spouse is automatically your beneficiary.
If the property is not in your name, you will need to determine if you have the legal right to sell it. This could be the case if you are the executor of an estate, the power of attorney for the owner, or if you have a valid contract or agreement with the owner giving you the right to sell the property.
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. It's the deed that passes real estate ownership from one entity to another.
If Your Name Is On The Deed, You Hold Title to the Property
Taking title usually entitles you to stay in the house, host a barbecue, install flooring, or whatever else you want (unless you have an HOA, of course), and it usually comes as a package deal with your house deed.
In California, you own the home, with your mortgage owner(s) having first rights to any proceeds from a sale.