Can my husband and I get a mortgage in both of our names but only put the deed in his name?

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Can my husband and I get a mortgage in both of our names but only put the deed in his name?

My income is higher so I would need to be on the mortgage, but there is a judgment filed against me so we only want the deed in his name until we finish paying off the judgment

Asked on November 28, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There would be nothing prohibiting you from getting a loan in both your and your husband's names where you would sign all loan papers and ther would presumably be a signed note and trust deed secured by the property that you will be buying.

At escrow, the name of your husband can be placed in the name solely of your husband on a deed drafted by title.

You need to be aware that in some states, one half of the marital property could be subject to a lien or a judgment for collection purposes if the judgment is against only one of the two spouses as in your situation. I suggest that you may want to consult with a debt collection attorney about the judgment against you.


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