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.
While each mortgage situation is different, often times it makes more sense to have both names because it allows for two income streams, which ultimately helps you qualify for your loan amount. With that being said, there are some loan products that make more sense to only have one person on the loan.
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.
True ownership
Both names can be on the title of the home without being on the mortgage. Generally, it's best to add a spouse or partner to the title of the home at the time of closing if you want to avoid extra steps and potential hassle.
What Happens If Your Spouse Is Not On the Mortgage. If your spouse is not on the mortgage, they are not responsible for paying it. However, the mortgage lender can foreclose on the house if the mortgage is not paid.
If your husband had no will, and there is no deed of the home to you, the law of intestate (“no will”) succession should apply. Therefore, the sale proceeds from the house would be divided 50% to you as the surviving spouse and 50% to your late husband's two sons as children from a prior marriage.
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.
When evaluating borrowers for a joint mortgage, the lender cares less about who is listed first, and more about the sum of the applicants' earnings and debts. In general, the lender evaluates the application the way the applicants submit it, without regard to whose name is listed first.
Lenders usually have liens on houses. So if the spouse whose name is on the mortgage does not pay, the bank can foreclose to recover their money. Since your name is in the deed after the house owes you money, it will not matter if your name appears on the deed or not.
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.
Adding your spouse's name to the deed will expose your property to any judgments against him. For example, if he has a bad debt, his creditor can sue and force the sale of your property to pay it off. Become familiar with your spouse's financial history before you decide to add his name to your deed.
If your name is on the mortgage, but not the deed, this means that you are not an owner of the home. Rather, you are simply a co-signer on the mortgage. Because your name is on the mortgage, you are obligated to pay the payments on the loan just as the individual who owns the home.
Generally, in community property states, both spouse's names must be included on the mortgage, but you will have one spouse's name on the Promissory Note. This can be a benefit for couples who want to borrow money under one name but have equal ownership and responsibility for the property.
Even if you do qualify for a mortgage when one partner has bad credit, you might not qualify for a good interest rate. On the other hand, applying on your own means the lender will only take into account your income and not your partner's. This means you might qualify for a smaller mortgage.
Likewise, drawbacks to having two or more names on a mortgage include: Co-borrowers are both wholly responsible for loan payments. If one borrower stops paying their share of the loan, the other must continue to pay to avoid damaging their credit or losing the home to foreclosure.
Both people do not have to sign the title or mortgage. Depending on the financial situation of each person you may only want one person to sign the mortgage. Usually both people want to sign the title to ensure if anything happens between them, they both have ownership rights to the property.
If you are married/in a civil partnership and are not on the mortgage, you can apply for a Matrimonial Homes Rights Notice. This will give you some occupation rights but will not provide you with any ownership rights.
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.
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.
Put simply, lenders won't care who and how many people chip in to pay back a mortgage loan, as long as someone does. The only thing they will state is that both parties are liable for repaying the debt. A joint mortgage paid by one person is more common than you may think.
Another reason is for creditor purposes. If one spouse has a debt, a creditor will not be able to make a claim against any jointly owned assets. Some concerns to address before putting one's spouse on a deed include whether your spouse has any judgments against them.
However, it would still be possible for their name to be on the deed regardless of whether or not they are contributing to the mortgage. Even though you can be on the deeds of the home without being on the mortgage, it is worth noting that many mortgage lenders will not agree to this arrangement.
It's unlikely you'll be able to take over or transfer a mortgage into your name. You'll likely have to arrange a new mortgage in your name only. This means going through the usual affordability checks with the bank. If they won't loan you enough to keep up your marital home, you might be left having to sell up.
When to notify the mortgage company. Among all of the other things you'll need to do after a loved one dies, you'll also need to let their mortgage company know that they've passed away. If you're wondering when to notify the mortgage company of death, the answer is as soon as possible.