October 11, 2023

12 Oct 2023 · 1 min

Watch on YouTube

1:01

In this brief legal advisory video, Jerry Taylor explains that ownership of a home is determined by whose name appears on the deed, not the mortgage. He emphasizes that even if both spouses are on the mortgage and one spouse has been paying for decades, the spouse whose name is not on the deed does not legally own the property. He warns that in the event of the deed‑holder's death, the surviving spouse could lose the house to the deceased's biological children (step‑children). Taylor advises viewers to locate their closing documents and verify the warranty deed, or to search county land‑record databases online to confirm ownership. The video concludes with a promotion for his services in creating trusts and a link to his newsletter via a Linktree.

Chapters

If you are married and both of your names are on the mortgage, but only your spouse's name is on the deed, you do not own that house. And it doesn't matter if you've been paying on that mortgage for 25 years, you still don't own the house. Ownership comes from being on the deed, not the mortgage. And just because you're married doesn't mean you're going to get the house if your spouse dies first. If only your spouse is on the deed and they have kids of their own, if they were to die before you, you would be splitting that house with your stepkids. If you don't know for certain whether your name is on the deed, find the closing documents for the home. There should be a warranty deed in those documents. Check to see if your name is on it. If you can't find the deed, just about every county in the country now has their land records online. Find that website and look up your deed. And just remember that ownership comes from what's on the deed, not what's on the mortgage. And if you'd like to work with me to create a trust or you want to get on my newsletter, click on my picture and then my Linktree.