Asked in Real Estate Law for Tennessee

Q: When a married couple buy a house and the loan is only in one spouses name does the title have to be in both names?

I was told this when I purchased my first home. I had the loan in my name and they made me put my ex husbands name on the title saying it was Tennessee las

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: It is not a legal requirement. But if you want that outfit to loan you money, then you have to abide by their rules. You apparently are the fee simple owner, but they probably want the husband own the title, and most certainly the Deed of Trust, to expedite a potential Foreclosure due to Homestead and Detainer Warrant considerations. This is usually true even if he is not on the Note.

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