QUESTION
If one person is on the mortgage and pays the mortgage and another person is on the deed, who owns the house? How?
Asked on Sep 14th, 2015 on Divorce - Florida
More details to this question:
If one person is on the mortgage and pays the mortgage and another person is on the deed, who owns the house and who has the right to make alterations to the house without the other's permission?
5 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The person whose name is on the deed is the owner of the house. A signer on a mortgage note is obligated to make payments, but does not have any automatic ownership rights. In a dispute over ownership, a court might recognize some right in the person who paid the mortgage to be reimbursed but that isn't ownership.
Answered on Sep 21st, 2015 at 4:01 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The house would belong to the person on the deed. The other person might have done rights if the parties are or were married.
Answered on Sep 14th, 2015 at 5:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The person who is on the deed he is the owner of the property, the person who has executed the mortgage note is liable for the note. Other than that I would need more details before I would render an opinion as to who actually controls the property.
Answered on Sep 14th, 2015 at 4:58 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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If you are married, and purchased the house during marriage, you both own the house. It does not matter how it is titled or who is on the mortgage, real property purchased during the marriage is community property which must be adjudicated at the time of divorce.
Answered on Sep 14th, 2015 at 4:44 PM
Great question. I would anticipate that the person on the DEED is the legal owner of the house. I?m not, however, certain how the person on the loan was not on the Title/Deed. I suggest you get a Real Estate Attorney to sort it all out.
Answered on Sep 14th, 2015 at 4:38 PM