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?

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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 3 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").


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