Can I take out a mortgage on my own but have the house in joint names?
The short answer to your question is yes. If you want the mortgage to be solely in your name, you may do so. You should do so. By putting his name on your deed of trust you are virtually guaranteeing expensive and protracted future litigation. Anything you want accomplished can be done through a well written partnership contract. The most important clauses have to do with the possibility that he defaults in his payments. MAKE IT CLEAR that he accepts the fact that he may be removed through an unlawful detainer. If he were on the deed, removal would be highly questionable due to his ownership interest. You are confusing a business relationship with your personal relationship….NEVER A GOOD IDEA. This will guarantee that bitter feelings will remain between you both for the remainder of your lives. Perhaps an option would protect both of you. Assuming at the end of five (5) years all payments have been satisfied, the deed will be changed to reflect joint ownership. Of course if you marry
