Can i be on the deed and title but not on the mortgage ans still be 50 owner?

UPDATED: Sep 30, 2022

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Can i be on the deed and title but not on the mortgage ans still be 50 owner?

Buying a house with my fianc but im a
stay at home mom for now so the
mortgage loan will be on his name. I’m
using my savings to pay half the
expenses of the home til i get a decent
job. How can i assure i appear as a
half owner even thought i won’t be on
the mortgage.

Asked on January 24, 2017 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Legally, you can be on title without being on the mortgage. However, to a large extent that is up to the mortgage lender: they may refuse to allow (i.e. to lend) ianyone on the title to not on the mortgage; and if they require all owners to be on the mortgage and you and your husband lie about ownership, you will have committed mortgage fraud--a crime.
It is likely that they will require you to be on the mortgage: 1) it adds another person who is obligated to pay the mortgage; 2) a spouse has certain rights over the property anyway and could impede a future sale or refinancing, so it makes sense to simply have you on the mortgage rather than have you as a potentially disruptive "X" factor out there. 
So you could do this if permitted by the lender, but the lender may not permit. If you wish to explore this option, discuss either directly with your lender or with a mortgage broker, who may be able to help you find a lender amendable to this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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