Can my fiancee be on the title/deed but not the mortgage? (TX)?

Question

Hi, everyone.

I'm trying to buy a house here in good old Texas, and I'm running into some issues. My fiancee is contributed greatly to our financial situation, but she has no direct income or credit. Thanks in large part to her contributions, we are finally in a position to buy a house. We plan to get married in a few years, but have decided that now is not really the time (for various reasons unrelated to commitment.)

In any event, it is important that her name be on the title/deed to the house, even though only my name will be on the mortgage. I have had various opinions as to whether or not this is possible (with some even suggesting that she can never be on the title unless she's on the mortgage.) Could someone with experience in this area please shed some light on whether or not this is possible, and what we will need to do to make it happen?

Thanks for your help.

Answer 1

The short answer to your question is that if you get a mortgage and your fiancee does not sign the mortgage loan docs she is in fact not on the mortgage. She will not be able to get on the title during the signing of the mortgage loan docs.

Now after the mortgage loan docs have been signed and there is really no time limit or time frame you can then go to a notary public sign a deed putting your fiancee on title. After which the notary will notarize the deed. You will have to take this deed to the county court house to be recorded by the county recorder. She still will not be on the mortgage, but she will be on the property.

That is one way to do it. The best way to do this same transaction is to call a local title company out of your telephone book, make an appointment for you and your fiancee. You will need to sign a deed in front of the title companies notary. After the signing and the notary notarizing the deed the title company will ensure that the deed is properly recorded at the county court house.

I hope this has been of some use to you, good luck.

"FIGHT ON"

Answer 2

Skip is spot on while one other response is technically incorrect (the quit claim suggestion).

You will want to remain on the title and on the mortgage so that you still have part ownership. You can add your fiancee buy effectively transferring the property from you to you and her. Many states and counties do not see this as a true sale, More to the point they might waive any taxes due from the sale (transfer tax mostly). There will be fees charged.

Your fiancee's interest in the property will be junior or subject to the mortgage. This means the lender's claim is superior to her position.

Answer 3

She has to be on both or none...and if you refinance she will have to sign since she was on the title. The house would be split 50/50 in the case of a sale.

Answer 4

After the loan is funded. Just quick claim her on the title. That way you can just have yourself on the loan to qualify. Let me know if you need any help.

Answer 5

yes and you can put me on it also.