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Stephanie Math
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Can Someone Not on Mortgage be on Deed?

Stephanie Math
Posted Feb 9 2023, 05:12

Hello!

First-time home buyer and currently starting the contract on a house. Can my partner who is NOT on the mortgage be on the deed? How would I go about that?

Thanks!

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Eliott Elias#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
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  • Austin, TX
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Eliott Elias#3 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
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Replied Feb 9 2023, 06:06

Bank won't allow it if you ask. I own 2 properties where the loan is in the sellers name and the deed is in my name, we call this a subject to transaction. The bank may ask to remove the person from the deed if they find out. 

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Amy D.
  • New york
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Amy D.
  • New york
Replied Feb 9 2023, 06:11

My experience is yes. We have one property the mortgage  is on my husband only, but both of us are on the deed. Ask your mortgage company if it can be done. 

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Scott E.
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Scott E.
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Replied Feb 9 2023, 07:15

Yes, this is possible and fine whether you live in a community property or common-law state.

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Matt Devincenzo
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Matt Devincenzo
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Replied Feb 9 2023, 07:26

@Eliott Elias that's not accurate and an entirely different scenario than is being asked about. Yes you can have a non borrowing owner, and you can absolutely tell the lender during your purchase.

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Chris Seveney
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Chris Seveney
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Replied Feb 9 2023, 16:49

@Stephanie Math

Yes. I am not on our mortgage but on deed

Just coordinate with seller and lender - as long as one of you qualifies.

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Adah N.
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  • Atlanta, GA
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Adah N.
  • Investor
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Replied Feb 9 2023, 17:28

@Stephanie Math

Yes but not a good idea, unless they are a significant other, child, parent and so on. The person on mortgage is responsible for loan. Meanwhile, the second person on deed is enjoying ownership without responsibility to pay.

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Rachael Orme
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Rachael Orme
  • Real Estate Agent
  • Richmond, VA
Replied Feb 23 2023, 07:36
I was able to get my domestic partner on the Deed… after negotiating with my lender and sharing how unfair it is for him to NOT be on the deed because he made the 3.5% downpayment. later on my lender apologized for the hard time they gave him because they looked deeper into it and in the state of Virginia a domestic partnership is the same as being married. Maybe try that?  

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Dawn Roy
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  • Midlothian, VA
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Dawn Roy
  • Real Estate Broker
  • Midlothian, VA
Replied Mar 17 2023, 03:49

Yes, you don't have to be on the note (mortgage) to be on the deed.  One has nothing to do with the other.  The easiest way to do this is to have all parties on the Offer to Purchase.  The title company will use this information when preparing the settlement documents.  Cheers!