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Generally, non-matrimonial property is: Acquired by one party before the marriage or after separation; Gifted to one party; Inherited by one party.
You might get a better mortgage deal: If both spouses are in good shape financially, then applying for a joint mortgage under both names could get you a lower mortgage rates or a bigger loan amount.
A divorce agreement might require the sale of the home and the splitting of profits if the couple doesnt meet a deadline to refinance the mortgage into one spouses name. If neither spouse can afford the mortgage on their own, they may have no choice but to sell.
Married couples buying a house or refinancing their current home do not have to include both spouses on the mortgage. In fact, sometimes having both spouses on a home loan application causes mortgage problems. For example, one spouses low credit score could make it harder to qualify or raise your interest rate.
Property inherited or gifted to one spouse also remains separate property. If your name is not on your homes title for these reasons, you would not own the home; neither would you be held responsible for loan repayment or any other lien placed on the property, even if it resulted in foreclosure.
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Although you and your spouse may decide between yourselves that your spouse will no longer be responsible for the mortgage, that agreement doesnt affect the lender. In other words, the mortgage lender can still come after your spouse for repayment unless and until you refinance in your own name alone.
It doesnt matter whose name is on the deed or whose name is on the mortgage. Nine times out of 10 what matters is when the house was purchased and with what type of funds it was purchased. So in your most typical example, a house is purchased during the marriage.
In common law states, which is most states, ownership of a property belongs to whomever bought it. So if one spouse buys a house under their own name, they completely own that house. Applying alone during the mortgage process will also mean the lender only considers the applying spouses financial situation.
If your name is on the deed but not the mortgage, it means that you are an owner of the home, but are not liable for the mortgage loan and the resulting payments. If you default on the payments, however, the lender can still foreclose on the home, despite that only one spouse is listed on the mortgage.
Do Both Spouses Need To Be on the Mortgage? There is no law that says both spouses need to be listed on a mortgage. If your spouse isnt a co-borrower on your mortgage application, then your lender generally wont include their details when qualifying you for a loan.

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