House after dark



What Is a Deed Versus a Title?







Ways to Hold Title


Sole Ownership



  • John Smith, a single man OR
  • Jane Johnson, a single woman


  • John Smith, an unmarried man OR
  • Jane Johnson, an unmarried woman



Joint Tenancy


Community Property (applicable in certain states)



Community Property with Right of Survivorship (applicable in certain states)



Traditional Joint Tenancy



Tenancy in Common


EXAMPLE: John Smith and Jane Johnson, as tenants in common





Check out this article for more common title issues. Have any questions? Let us know in the comments below!

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This Post Has 23 Comments

  1. I am unmarried but wanted to put my children on the title and was told no by escrow. I am closing this morning but want to know how to make sure that they get the house if something happens to me. How do I get them on the deed. They are also living there.

    1. Hi Shela:

      I’m not sure of your specific situation and why the children couldn’t be added to the title. If they’re minors, that may be the reason. Every jurisdiction has different laws and that advice is beyond the scope of this post. Unfortunately, I’m not a lawyer. However, I can tell you that even if you can’t have them on the title today, you could choose to add them to the title after closing. That’s not at all uncommon.

  2. I bought a house before the marriage and I held the title as a single man . Now I am refinancing my 1st mortgage and married now. Do I have to hold title as married man, as his sole and separate property or as a single man ?

    1. Hi Ham:

      You can’t legally take title as single because you aren’t anymore. Your best option is to take it as sole and separate property if they have to change the title. To get a definitive advice on whether it would need to be changed, I recommend speaking with one of our Home Loan Experts at (888) 980-6716.

  3. What is the benefit to have “a married person as his sole and separate property” on a mortgage document if the individual is divorced? This was on several documents several months/years after we divorced and he never remarried?

    1. Hi C:

      If you’re divorced, the title technically shouldn’t say that he’s married. However, in this case, it may really not matter. By labeling the title that way, it means the property is his own. The one exception to this would probably be if you lived in a community property state and the property was acquired during the marriage. However, I’m not a lawyer, so if you need official advice, I recommend speaking to an attorney in your state.

  4. I am a widow and I am buying a house in ca I do not have a trust set up but plan on doing so, but will not have time before close of this escrow. I am not sure how to take Title? Just my name Sandra Leona Hamlon? Or? Sorry it is Hanlon. Spell Check is soon helpful in some cases lol. Just for information I have been widowed twice but this is the only time I have purchased property without a husbands name on a title. Do taxes differ by how you take title

    1. Hi Sandra:

      I don’t want to give you the wrong answer and this could be further complicated by the fact that you eventually want to put it in a trust. I’m going to get this to our client relations team who can get it to our title experts.

  5. My husband and I are legally separated in NC. He purchased a piece of land after separated and I had to be there to sign the deed. Then a couple months later he purchased a home…using quicken loans.. and he sent them a copy of our separation agreement… we are still legally married… but the deed reads, “an unmarried man”, and deed of trust reads, “a single man”. Should this be corrected?

    1. That’s kind of weird. Maybe if you had just gotten married in a community property state, it would matter. That’s the only thing I can think of.

  6. We married for 26 years In California we sold our property bought house in Texas the loan is in his name and the deed says his name a married man. What happens passes away what are my rights and what can I do make sure I can stay in the property if he that were to happen? And will the loan have to be redone?

    1. Hi Rachel:

      Texas is a community property state. I’m not an attorney, so I don’t know all the particulars of the law. However, you would have rights if he passed away. As a spouse, federal law stipulates that you can also take over the mortgage if he passes away and continue to live there. In terms of all your rights, I would make sure to speak to a local attorney.

      Kevin Graham

  7. What does ” a married woman as her sole and separate property” mean in Arizona a community property state? If property was purchased before marriage and then the home was finalized after marriage, can it still be considered separate property in a community property state?

    1. Hi S:

      I’m not a lawyer and the community property laws do vary slightly from state to state, so I would recommend consulting someone that can go over this with you in your area. That said, if the sale was finalized after the marriage, it may very well be considered community property. If you have any doubts, I would say it’s worth talking to someone. There may also be ways to have it be your own even when you’re married. It would depend on local laws. I think your next step is just to talk to a local attorney.

      Kevin Graham

  8. How should separate property belonging to one spouse which is held in a joint living trust in a community property state be titled?


  9. Can two friends specify their living trusts (instead of their names) as part of Tenancy in Common? For Example: “John Smith and Jane Smith as Trustees of the Smith Trust dated July 3, 2002, and Robert Parker and Susan Parker as Trustees of the Parker Trust dated Aug 3, 2002, as Tenants in Common”

    1. Hi Paul:

      I don’t know the answer to that question, but I’m going to get this over to one of our friends at Title Source that might be able to give you more information.

      Kevin Graham

  10. thanks the eights ways to hold title I’m buying a home I’m married I’m the only one on the loan I want my wife and 19 yr. old and 21yr. old son to be on title deed they put me as …married man as his sole and separate property ..did not even ask how I wanted it title they said I could change it after escrow so it would not be held up is this the norm for getting thru a loan with a home mom that is not on the loan but they said add wife later….I read somewhere a man and his wife went to notary and change the title to tenants by the entireties what does this mean my wife and I been together since the age of 17 yrs old we are now in our late 60’s happy and in love what is the best way to title a loan best for wife and 2 sons thanks for your time God Bless…..

    1. Hi Eddie:

      Title issues are just a bit complicated and I’m not the best person to talk about the process, but I am to put you in touch with the right folks. Someone will be reaching out.

      Kevin Graham

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