Arvada, CO asked in Real Estate Law for Colorado

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

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?

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1 Lawyer Answer
  • Evergreen, CO
  • Licensed in Colorado

A: 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.

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