Can a non-borrowing spouse be considered joint tenant?

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Can a non-borrowing spouse be considered joint tenant?

My dad and my husband are co-borrowing to buy a home for our family. We live in a community property state. My credit is not great so I won’t be on the mortgage. The title company has expressed that I sign a quit claim deed. Is there any way I could still be on the title as a joint tenant or do I have to sign this quit claim deed in order to avoid having my credit ruin our home buying chances?

Asked on September 22, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Legally, you could be on the deed--except that if the lender doesn't want you on the title, won't loan if you are on the title, or specifically is only loaning for your father and husband to buy (so that you also being on the title would violate the loan agreement), you can't be on the title. If you are, you won't get the loan or will be in breach, and they could immediately call the loan due in full. If your family were paying cash for the property, you could have anyone you want on the title; but if getting a mortgage, you have to comply with the terms of the mortgage and what the mortgagee/lender wants.


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