Can a non-borrowing spouse be considered joint tenant?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption