Legal Question in Real Estate Law in Maryland

Name on title

Is it possible to have a spouse's name on the title to a house but not on the loan? Our home is in my husband's name because he has better credit but I am a little uncomfortable not having my name on at least the title. He claims it cannot be done. Thank you.


Asked on 6/11/07, 8:57 am

1 Answer from Attorneys

Alex Radice Law Office of Alex Radice

Re: Name on title

It can be done by your Husband signing a deed naming you both as owners of the property as husband and wife, tenants by the entireties. The deed can be filed just like any other deed and this will accomplish the result you want. It is also possible though, that any transfer of this sort could invoke a clause that is customarily in most deeds of trust, i.e. an acceleration clause that would require payment in full of the loan balance. While it is theoretically possible that the lender could invoke the accleration clause, I have never seen it done by the lender, particularly where the transfer is to include the other spouse. Good luck.

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Answered on 6/11/07, 9:48 am


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