Can my wife and I be joint tenants if I am the only one on the mortgage?

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I own a home that I purchased before my wife and I were married. I would like to add my wife to the title so that the property is owned jointly, but I also want to avoid refinancing the mortgage. Can we set up a joint tenancy with survivorship while I'm the only one on the mortgage still?

Answers (1)


Timothy Canty

Answered On May 14, 2013
Yes you can. Title to real estate and liability on the mortgage are two separate interests. Most deeds of trust (mortgages) have a "due on sale" clause, but putting your spouse on the title is not considered a sale and they can't call the loan due for that reason.