FAQs
Can a Girlfriend's Name Be on a Deed and Not on the Mortgage? 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.
Can I put my girlfriend on the deed but not the mortgage? ›
Yes, it is entirely possible for a person's name to be on the deed without being on the mortgage. For starters, a mortgage is only involved if the buyer of the home needed assistance financing their home purchase.
What if someone's 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.
Should the wife's name be on the house deed? ›
While there are some good reasons to add your new spouse to your Deed, there's also a reason why you shouldn't. Ultimately, there is no right answer. When you put your spouse on the Deed to a property that you owned individually prior to marriage, you are creating what's called a tenancy by the entireties.
Can two people be on a mortgage but only one on the deed? ›
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.
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.
What tenancy is best for unmarried couples? ›
Perhaps the most common way for unmarried couples to take title to real property is as "tenants in common." Unlike a joint tenancy, a tenant in common has no automatic right to inherit the property when the other partner dies.
Does it matter whose name is on the house? ›
Deeds and Title Ownership
Whether the deed and/or mortgage are in one spouse's name or both, it does not affect the property's classification as marital or separate. What matters most is when and how the property was acquired.
What does adding someone to the deed mean? ›
When you add someone to your home's deed, they gain legal ownership rights. If they face financial difficulties, their creditors might place a lien on your property. Moreover, if your child goes through a divorce, their spouse could claim a share of your home. The aforementioned tax implications are another concern.
What if my wife is not on the deed? ›
In Community Property States
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.
What Does It Mean If Your Name Is Not on the Deed? If your name isn't on the deed, you're not the legal owner. However, in a divorce, the court looks at the contribution of both spouses to the marriage, which includes non-financial contributions, when dividing assets.
Does adding a spouse to a deed affect a mortgage? ›
Transferring the deed to a property does not transfer the obligation to pay off any existing mortgage. So, if a property is not paid in full and is then transferred via a deed, the original owner is typically still responsible for the mortgage.
What is the best deed for a married couple? ›
The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.
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. It's the deed that passes real estate ownership from one entity to another.
What does it mean if my name is on the deed but not the mortgage? ›
It is generally okay to have two names on title and one on the mortgage. If your name is on the deed but not the mortgage, it means that you are an owner of the home, but are not liable for the mortgage loan and the resulting payments.
Can I put my wife on the title but not the mortgage? ›
Yes, having both your names on the house title won't affect your mortgage or who's responsible for paying it. The person with their name on the mortgage is solely responsible for the loan. However, in a common-law state, when one partner dies, their spouse may become legally responsible for all their debt.
Can my girlfriend take my house if we break up? ›
Each unmarried partner is presumed to own his or her own property and debts unless you've deliberately combined your assets--for example, by opening a joint account or putting both names on a deed to your home.
How do I get my girlfriend off my mortgage? ›
Quitclaim Deeds And Your Loan Agreement
Now it's time to file a quitclaim deed. At this point, your spouse/partner/roommate's name has been removed from the mortgage but they are still on the mortgage deed. The result of filing a quitclaim deed will be the transfer of the home solely to you.
