If 2 names are on a deed but the mortgage is in your name only, what are your rights?

UPDATED: Oct 1, 2022

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If 2 names are on a deed but the mortgage is in your name only, what are your rights?

At the time I bought the raw land, I paid the full down payment and made all the payments. My girlfriend was listed on the title because we were getting married. About 6 months later, we were married. Every payment made has always been by me from my sole checking account and that also includes property taxes. We are now getting divorced 2 years later. Is it split 50/50 because she’s on the deed or do I have right to more since she never paid a dime to it?

Asked on May 13, 2019 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is split 50-50 because she is a part or half owner, being on the deed, and ownership determines the split or share of equity. You may have made the payments, but you voluntarily choose to let have have a share of the ownership (putting her name on the deed) when she was not on the mortgage and not obligated to pay; you cannot use your voluntary choice to deny her the appropriate share of the equity.

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