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.
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 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.
A property title and a mortgage are not interchangeable terms. 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.
If you're married, you know it's usually common for spouses to share the same bank accounts and even loans—but that doesn't always have to be the case. If your spouse has credit problems, for example, you might prefer to not have them listed on the mortgage, and instead opt for listing them on the title to the house.
You, as the homeowner, typically hold the house deed to your property, even with a mortgage. The house deed and mortgage are separate legal documents with different purposes. A deed proves ownership and transfers title, while a mortgage is a loan agreement.
The short answer is yes, but there are some conditions and challenges you need to be aware of. It's important to understand your legal rights as the owner and how to deal with the mortgage in another person's name.
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.
You can take legal action against them for breaching the agreement you both made or seek a court order to force the sale of the property. It's important to consult with a lawyer to understand your legal rights and options and to make the best decisions for your situation.
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.
When you own a home, the deed is the physical document that proves ownership. The title is the concept of legal ownership that the deed grants you. You can think of the deed as the document that transfers, or passes on, the title or the right to ownership. When you buy a home, you need both.
Yes, you can add someone to your property title without including them on the refinanced mortgage loan. When refinancing, you have options to add co-borrowers, co-applicants, guarantors, or simply a title holder.
Many people assume that a property deed and title are the same, but they are not. One is a document, while the other is a legal concept. When someone owns a property outright, they have both legal title and a deed. However, there are circumstances where you can have one without the other.
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.
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.
If you find yourself in a situation where one owner wants to sell the property but the others don't, there are a few different options to consider. These may include negotiating a buyout agreement, seeking mediation or arbitration, or taking legal action to force a sale.
Problems With Joint Ownership
By jointly owning property, you may find yourself party to a lawsuit if your co-owner is sued or the asset could be lost to a creditor of your co-owner. If your co-owner becomes incapacitated, you could find yourself “owning” the property with the co-owner's guardian or the courts.
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.
It is generally impossible to evict a property owner whose name is on the deed. However, let's say there are unresolved debts, like mortgages or liens. A lender or lienholder may initiate foreclosure proceedings. The property could ultimately disappear as a result of this.
If you are married or in a civil partnership
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.
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.
A deed is an official written document declaring a person's legal ownership of a property, while a title is a legal concept that refers to ownership rights. Here's a way to remember the difference: You can own a physical copy of a book, but you can't hold the book's title in your hand.
Generally speaking, a person cannot be removed from a deed without their knowledge and consent. It is possible to remove someone from a deed illegally by recording a new deed with a forged signature. However, such a deed resulting from fraud or forgery is void and can be easily removed by a court.