Im the sole name on the mortgage, if I add someone to the title, can I remove them without his/her permission?

Question

My boyfriend of 3 years and I are purchasing our first house together, but due to his bad credit, just my name is going to be on the mortgage to get a better interest rate. I was told that I can add him to the title at anytime. If I do this, and if we end up not staying together (not likely), am I able to remove him from the title without his persmission?

I brought up this issue with him about how I'd be responsible for 100% of the mortgage and what if he leaves then I have to pay all the expenses and he still has 1/2 of the house... and he got really mad. This is a tough subject and I dont know how to talk to him about it....

Answer 1

NO, you will not be able to remove him at will. Furthermore, you will have all of the responsibility for the mortgage but only 50% claim on the house, unless you get get a legal, binding document drawn in advance that will protect both your interests and layout contributions. In short, you boyfriend with "bad credit" can choose to not contribute1 cent to the mortgage and still have 50% ownership in the house because you intend to set it up that way. I would say great deal for him and tell him that I suggested that he jump all over that as soon as you sign on the mortgage dotted line. Sign a quit claim and add him to the title and tell him to reap the benefits of the quickest, easiest, no cost investment EVER.

Answer 2

NO!!!!

There are many options to buying property. Having both on the mortgage or one, and having one or both on the title Deed.

You can have the mortgage in your name and have you and another on the deed. This means that you and you alone are responsible for the mortgage. It also means that you are letting someone else co-own the property by the Deed. The second party is not responsible for paying the mortgage, but you must have their permission to sell the property, even though you hold the note of the mortgage.

The other is that you have two people on the mortgage and only one person on the Deed. Just because you have two people that acquires the mortgage (not your case), does not mean that two people need to be on the deed to the property.

You need to know that the mortgage and the deed are two separate things. If it is your credit that gets you the money to finance the property, you can include another on the Deed, but if you want to sell the property later, you cannot without the permission of the other person on the Deed, without going to court unless they sign a Quit Claim Deed.

If you put another person on the Deed, you can sell it if they agree to a "Quit Claim Deed", which means that they are relinquishing their rights of the Deed (or half ownership), however this involves compensation of at least one dollar. However if it comes to where your other owner doesn't want to sell, then you are stuck. It does not matter who's name the mortgage is in, but who's name(s) the Deed is in.

In your case, it is a boyfriend and not a husband. I am strongly against putting his name on the Deed, however you can write the sales contract such that you are "Joint tenants with right of survivorship"and that you are the "Sole owner" until this occurs. In this case, if you die, he will own the property and (payments) your family cannot take it from him as an asset of your estate.

Let me tell you from experience as both one has gone through this and one who has Real Estate experience. It is not in your best interests to add anyone to a Deed who has not invested in the property that you have purchased. You should draw up an agreement such that if your relationship is dissolved, then a Quit Claim Deed will be in immediate force. If you do not do this, then if for any reason your relationship dissolves, then you will not loose half of the assets in the property.

There is also a clause in most state laws that state in some language of "Dissolution of Equatable Assets". This means that you can prove that your portion of monetary investment in the home is equal or greater than your boyfriends' investment in the property. It takes a court judge to declare this and can be nasty if your boyfriend is not your boyfriend at the time you wish to end the relationship. However, if you have bank records and other supporting evidence that it was you alone that was the sole ability to make the real estate transaction happen and that it was your credit or down payment, then you would prevail.

If a dissolution of your relationship would happen, ideally if he were to admit that he could not buy the house without you, then there would be no need for court action. This would be an example that your boyfriend is forthright and honest and would walk away without challenging you. Unfortunately that does not happen in many cases.

Write me if you need further information

Answer 3

Yes with a slight no
In all stats these 3 cues are key; and, or, and/or. In some states like AZ, not all, if you use (Persons Name1 or Persons Name2) either of them can have the other removed without the others knowledge....but...you have to prove your right to do so.
Ex: #2 pays 80% of the household bills, can prove it, and all the major companies (power, water, etc) only acknowledge #2 as the home owner. Then person #2 simply goes back to their title company, shows this info, and within 2 weeks #1 is removed & notified.

So if you do move forward make sure to use AND, nearly every state has some kind of loophole if you use the others, but an and covers both your butts.

Also be prepared for this to affect your credit. :) With love comes debt :(

Answer 4

You can leave his name off the financing and put it on the title. but once done you can't undo it. He will own half the title. Of course it becomes community property once youre married anyway.

Prenups are meaningless, where large portions of an estate are concerned. The law says he gets half of the marital assets, and the only question is which half. Any specific items such as art or cars. or even second houses can be specified, but in the case of conflict all major shared assets must be sold and the money split.

And if you live together long enough its as good as half his already, so BE CAREFUL. Before commonlaw kicks in, make sure you have decided how you feel before the law decides it for you

Answer 5

I doubt if you can do that legally, for one thing, his credit was not good enough get it financed. Since his name was left off, so that the mortgage company could give you the loan, you can not add it now. Also in states that recognize community property laws, if you purchased this house with just your name on the title and not married, it is legally yours, as it was purchased before you maybe marry, and he can not touch it, no matter how much money he gives you to make payments. Even if you did mange to get his name on the title, he will have to sign in person to have his name removed, if you sign it, it is forgery. Best thing to do to protect your self, is to not put his name on it, and that way, you do not have to worry about his name being taken off later.

Answer 6

if just your name is going to be on the mortgage your income (and credit, and credit score, and downpayment and savings, your past payments when you rented and your utility payments, your tenure at work and your education and ability to repay) needs to be sufficient to buy that house. You may not be able to buy it on your own so why argue with him about that. Frankly, you need him. And you will have to call him a renter and maybe call it commercial property and have two entrances/exits on that house. Why fool around with adding and removing him. Just buy commercial property and always keep it under your name. If you two should marry and you put him on the house and mortgage then you would have to ask him for a quitclaim deed if you divorce and he may not give it to you and may force you to sell the house instead. Keep only your name on it. Let him buy you a house and you keep that place as your own rental property.

Answer 7

No, you can't. Once you have put his name on the deed, he owns half of the property and you could only get him off by buying out his share of the equity. That could be a disasterous financial nightmare for you -- and a serious freebie for him.

The fact that he got mad about this when you brought it up does not bode well! If I were in your situation (and I was about 7 years ago!) I would NOTgive him half of the home especially as he is not on the loan and has no legal obligation to make any payments.

Answer 8

To the best of my knowledge, in order to remove someone from real property title, that person would have to quit claim it to you and this is refer to as quit claim deed. Besically they will have to sign a document giving the property to (quiting claim on the property) So to answer your question, NO you can not remove someone from Real property title without their permission. You must think twice before you put any one on your title. It is always best to consult a real estate attorney in how title should be vested. Title vesting can have significant tax and financial consequences.

Answer 9

No way. I worked for over 5 years at a bank who offered mortgages. If they have they have to remove him, and you can sue the pants off them.

Answer 10

I suggest adding his name to the real estate bill, er, tax bill... go to a title firm otherwise. and use common sense, your name on title, your' the owner, and you need to pay taxes fees etc. Ah, love. by the way marriage is like a title to a house. See the irony?