If one person is on the mortgage and pays the mortgage and another person is on the deed, who owns the house? How? 8 Answers as of September 21, 2015

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?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
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.
Answer Applies to: Wisconsin
Replied: 9/21/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
The person the Deed and his spouse according to marital property if acquired while married.
Answer Applies to: Georgia
Replied: 9/14/2015
Diane l. Berger | Diane L. Berger
The house would belong to the person on the deed. The other person might have done rights if the parties are or were married.
Answer Applies to: Nebraska
Replied: 9/14/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
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.
Answer Applies to: Michigan
Replied: 9/14/2015
John Russo | John Russo
Are you married?
Answer Applies to: Rhode Island
Replied: 9/14/2015
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    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.
    Answer Applies to: Nevada
    Replied: 9/14/2015
    The Gufford Law Firm, P.A.
    The Gufford Law Firm, P.A. | Joseph Gufford
    The person on the deed owns the house. However, all of this could be impacted by marriage and other legal theories such as a resulting trust or a an implied trust.
    Answer Applies to: Florida
    Replied: 9/14/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    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.
    Answer Applies to: Florida
    Replied: 9/14/2015
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