If 1 name is on the mortgage but 2 names are on the deed, who is entitled to what?

UPDATED: Aug 29, 2012

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If 1 name is on the mortgage but 2 names are on the deed, who is entitled to what?

Fiancé and I bought a home together. The mortgage is in my name. The title is in both of our names showing us as married though we are not. The application for the deed showed us as each being single. We didn’t pay it any attention b/c we planned to get married. We both came to the table with $10k. My $10k went into closing costs and renovations on the home. Her $10k went towards furniture and renovations on the home. Her parents gave her $20,000 which she gifted to me and had to sign a gift letter addendum. We used the $20,000 as a D/P. If I keep the home what is she entitled to and vice versa?

Asked on August 29, 2012 under Real Estate Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Title to the real proeprty answers your question. Since legal title is in your name to the property, under the law it is presumed to be your property 100%. However, your fiance' contributed money to the home on her own and through her parents in addition to your money. From what you have written, your fiance' has an ownership in the property as well. I suggest that you go to a real estate attorney and have a grant deed drafted for you to sign giving your fiance' an equal interest in the property.

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