In this post, we're going to be answering the question: who can you add on a title when you're getting a mortgage? You might be surprised how many times, when you're in the middle of a mortgage, this question comes up.
Secure Your Mortgage Title Today!
Contact our experts to understand mortgage title eligibility and ensure your title meets all requirements.
Can you add your spouse to the title?
Of course you can. If you're getting a mortgage, you can absolutely add your spouse to the title.
Can your spouse be on the title even if they're not on the mortgage?
You can have your spouse on the title even if they're not on the mortgage. However, if they're on the mortgage, if they're on the loan, they have to be on the title because you have to have rights to the home in order to encumber the home by getting a loan on it. This is true for any co-borrower, even if it's not your spouse.
What if you don't want your spouse on the title?
This is absolutely possible; however, the spouse not on the title would need to sign some forms. A spouse would sign a disclaimer deed and a non-spouse would sign a quitclaim deed to say they are not claiming any interest, any ownership, to the property. It should be noted that this might be a bit different state to state since there are a lot of different deeds in each state. Make sure you check with your real estate attorney about this.
Are you in a community property state?
This is another thing that's good to be aware of. If you're in a community property state this means that if your spouse dies and you're not on the title then the house would go to you. Arizona, for example, is a community state property.
What about putting a title in the name of a trust?
Typically, when someone asks about putting the title in a trust we suggest that we close in the person's name and then transfer it to the actual trust. You can close in the name of a trust but we suggest doing it this other way, since there's usually a review process that the bank needs to do for your trust. On top of this, some banks won't allow you to close in the name of a trust so we suggest you check upfront with your bank if this is something you're interested in doing.
We suggest speaking with an attorney when dealing with any transfer of title
You definitely want to seek a real estate attorney's advice when dealing with any change of title. There's lots of situations you'll want to avoid and many different ways you can handle things, and an attorney will help make the whole process very smooth whether you're looking to transfer the title into a trust to a spouse, a family member, or anyone else. If you have any questions about this or anything else mortgage related don't hesitate to give us a call at (602) 535-2171.
Frequently Asked Questions
Can you add your spouse to the title?
Can your spouse be on the title even if they’re not on the mortgage?
Are you in a community property state?
Be sure to ask us for a free quote on your next mortgage. We'll personally work with you and help you through the whole process.
Mortgage Brothers LLC does not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only. You should consult your own tax, legal, and accounting advisors before engaging in any transaction. Mortgage Brothers NMLS 1007154, NMLS #210917 and 1618695. Equal Housing Opportunity.
Understand the guidelines for who may or may not be listed on your mortgage title. For further insight, consider our discussion on obtaining a third mortgage, review the importance of closing pace, and explore the nuances of hereditary homeownership.
Transcript of the Mortgage Brothers Podcast
Who Can (and Can't) Be on Title When Getting a Mortgage?
(00:02) Welcome to the Mortgage Brothers Podcast! I'm Eddie Knoell, and I'm Tom Knoell.
Today, we're diving into a question that comes up more often than you'd think:
- Who can be added to the title when getting a mortgage?
It may not be the first thing on your mind when buying a home, but once you're in the middle of the mortgage process, it's a question that needs answering. Let's clear it up!
Who Can Be on the Title When You Get a Mortgage?
- (00:37) The answer is simpler than most people think.
If you're getting a mortgage, these people can be on the title:
- Your spouse – Whether or not your spouse is on the mortgage, they can be added to the title.
- Your co-borrower – If someone is co-signing the loan with you, they must be on the title.
- Who CANNOT be added to the title?
- A friend, relative, or business partner who is not a borrower on the loan.
- Anyone who the lender does not approve as part of the ownership structure.
Why does this matter? Anyone on the title has legal rights to the home. If they're not on the mortgage, they don't have loan obligations but still share ownership.
Can You Leave Your Spouse Off the Title?
- (01:47) Yes, it's possible—but there are things to consider.
If you don't want your spouse on the title, they will likely need to sign a disclaimer deed (if your state uses those) or a quitclaim deed to give up any ownership interest.
- Disclaimer deed – Used when a spouse never had an ownership claim on the property.
- Quitclaim deed – Used when someone is removing themselves from the title.
Keep in mind: If you live in a community property state (like Arizona), your spouse may still have legal rights to the home even if they're not on the title. If something happens to you, the courts could award ownership to your spouse, which might delay the process.
Adding a Home to a Trust: Can You Do It?
- (04:04) Some borrowers want to buy a home under their trust instead of their personal name.
- Yes, you can put a home in a trust—but there are conditions:
- Some lenders allow it, but others don't. Always ask upfront.
- The lender may need to review and approve the trust documents.
- If you're already in escrow, tell your lender immediately if you want to close in a trust's name.
An easier option: Many borrowers close in their personal name and transfer the home to a trust after closing (with the title company's help).
What About Transferring the Title After Closing?
- (05:54) Can you change the title after you've already bought the house?
Yes, but it depends on the type of transfer and whether it will trigger the due-on-sale clause (which could require you to pay off the mortgage immediately).
Title transfers that typically DO NOT trigger the due-on-sale clause:
- Transferring the home to a living trust
- Transferring the home after a divorce
- Gifting the home to a child
- Inheriting the home after the owner passes away
Important: While these types of transfers are generally allowed, you should always check with an attorney or real estate professional before making title changes.
Final Thoughts: Title vs. Mortgage
- (08:45) Remember, being on the title is NOT the same as being on the mortgage.
- The title = ownership rights.
- The mortgage = loan responsibility.
The title is like the deed to a car—it proves who owns the home. If you're not on the title, you don't legally own the property, even if you're making payments on it.
- Have questions about your mortgage or title options?
- Reach out to us—we're happy to help!
Subscribe & Stay Updated!
(09:20) Like this episode? Subscribe for more mortgage insights!
- Email us:
- Contact Form
- Need a mortgage? Get a free quote—we'll guide you every step of the way.
- Thanks for tuning in—see you in the next episode!