If I’m on a mortgage but not the title, can I enter the premises?

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If I’m on a mortgage but not the title, can I enter the premises?

I divorced last year and my ex husband kept the house and i kept the car. I’m off the title but-still on the mortgage. Am I able to enter the premises or move back into the home if I’m on the mortgage?

Asked on February 22, 2018 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot enter the premises, occupy them, move back in, etc. A mortgage does not give you any ownership interest--it makes you liable for the debt, but does not make you an owner. Since you are not an owner (not on title), you have no rights to or over the property.


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