If my husband and I buy a home and land and the finance company doesn’t run my credit but I still sign mortgage, will my name be on the title and deed?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband and I buy a home and land and the finance company doesn’t run my credit but I still sign mortgage, will my name be on the title and deed?

If my husband dies, will the property be mine without jumping through legal hoops?

Asked on May 22, 2018 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, being on the mortgage does not make you an owner (i.e. put you on the title and deed) by itself: people can and do become obligated to pay loans (which is what a mortgage is) when they are not an owner. To have the property seemlessly become yours when your husband passes, without the necesssity for probate and inheriting it, you and your husband most own it together (both be on title) as "joint tenants with right of survivorship" ("JTROS").


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption