Can my father-in-law be on the deed without being on the loan?

Full question:

We are in the process of purchasing a home with my father in law. He is putting down the down pmt. and we are applying for the rest of the loan. Can he be put on the deed of the house without being put on the loan?

  • Category: Real Property
  • Subcategory: Sales
  • Date:
  • State: California

Answer:

If a person's name is on the deed, the lender will likely require them to be on the mortgage as well. However, a person does not need to be on the Note, which is the legal document promising to repay the loan. The mortgage itself gives the bank the right to take the property if the loan isn't repaid. Therefore, all owners listed on the deed will probably need to be included on the mortgage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If your name is on the deed, you generally have an ownership interest in the property. However, the exact share you own can depend on how the deed is structured. For example, if the deed lists you and another person as joint tenants, you may own half. If it's a different arrangement, your ownership share could vary. It's important to review the deed and consult with a legal professional for clarity.