Married Couple Buying a House Under One Name: Yay or Nay?
Should a married couple buy a house under one name? While most married couples buy homes together, sometimes it makes sense to have just one person on the paperwork. But it's a big decision that affects your financial future, so let's break down what you need to know.
If you're looking for a quick answer, having just one spouse on a home purchase can be smart in specific situations - like when one partner has bad credit or significant debt.
However, it can create complications with ownership rights and future property division, especially if you live in a community property state. For most couples, joint ownership comes with better protection and benefits, but there's no right or wrong way for everyone.
*This article is for general, educational purposes. Nothing said here should be construed as investment, tax, or legal advice. Consult the relevant professional to understand your personal situation and available options.
How Does Being Married Affect Buying a House?
Buying a house when you're married isn't too different from buying one on your own, but there are important things to consider.
If you apply together as a married couple, mortgage lenders will look at both of your:
Credit scores
Incomes
Debts
Debt to income ratios
Assets (like bank accounts and investments)
If you're both working, applying together often helps you qualify for a bigger loan since lenders consider both incomes.
But it also means both credit scores and debts affect your application. If one of you has a poor credit history or lots of debt, it might hurt your chances of approval or lead to a higher mortgage payment.
If you apply separately, lenders only look at the applying spouse's credit score and gross monthly income. They won't consider your spouse's financial aspects.
This can be helpful if one of you has much better credit - that person could apply alone to get a better interest rate. But qualifying with just one income usually means you can't borrow as much money, so it's a trade-off.
Can You Buy a House Alone If You Are Married?
In most states, you can put the mortgage and house under just one person's name, even if you're married. Technically, you could even buy a house without your spouse knowing (but that's definitely NOT the best idea for your marriage and a financially irresponsible spouse red flag).
If you live in one of the nine community property states (Mexico, Texas, Washington, Wisconsin, Arizona, California, Idaho, Louisiana, and Nevada), these states consider both spouses equal owners of any property bought during marriage, regardless of whose name is on the paperwork.
This means both spouses often need to be involved in the purchase process, even if only one person is on the mortgage.
Mortgage vs. Deed
When people talk about putting a house under one name, they might mean one of two things: who's responsible for the mortgage payments, or who actually owns the house. These are two separate things, and it's important to understand the difference.
Mortgage: A mortgage is a loan agreement with your bank. It says who's responsible for paying back the money you borrowed to buy the house.
Deed: A deed shows who owns the house. You don't have to be making mortgage payments to be on the deed.
You can have one person on the mortgage but both spouses on the deed, or vice versa.
Most of the time, having one person on the deed but both on the mortgage doesn't make sense (because one spouse would be paying for a house that's not actually theirs).
But you can consider having one spouse on the mortgage and both on the deed for better loan eligibility and rates depending on your financial situation.
Learn about the important financial questions to ask your spouse before marriage.
Can a Married Couple Get a Mortgage in Only One of Their Names?
Yes, you can get a mortgage in just one spouse's name, and sometimes it makes more sense. The lender will only look at that person's credit score, income, and debts - not their spouse's.
Many couples choose this option when one person has better credit or fewer debts than the other. For example, if your spouse has a recent bankruptcy or lots of credit card debt, applying alone might get you better monthly mortgage payments.
Getting a mortgage alone can be helpful because:
You might get a lower interest rate if the applying spouse has excellent credit
Bad credit or debts from one spouse won't hurt your chances
But there are downsides to consider, too:
You can only use one income to qualify, so you might not be able to buy as expensive a house
Only the spouse on the mortgage is legally responsible for payments
If something happens to the spouse on the mortgage, like job loss or illness, the other spouse isn't legally required to help with payments
Adding the other spouse later means refinancing, which costs money and might come with a higher interest rate
Learn what to do when your partner has good credit but no income.
What If My Wife* Is on the Mortgage But Not the Deed?
*Anything said here can apply to people of any gender and to any type of relationship
Having your spouse on the mortgage but not the deed creates a risky situation. It means they're responsible for paying for the house but don't actually own it.
This arrangement often leads to problems. Your spouse could make years of mortgage payments but have no legal right to stay in the house if you separate. Or if something happened to you, they might have to keep paying the mortgage while your family inherits the house.
That said, there are rare situations where putting only one spouse on the deed might make sense:
If one spouse has a risky profession and wants to protect the house from potential lawsuits
When one spouse receives the house as an inheritance and needs to keep it separate from marital property
When one spouse has significant debt collectors or tax liens that could affect the property
Even in these cases, you should talk with a lawyer first. They might suggest better ways to protect your interests. 61% of homebuyers are married couples, so it's safe to say that most couples still buy a house under one name.
Learn how to combine finances after marriage.
How Do Married Couples Usually Hold Titles?
Most married couples hold titles jointly.
In a "joint tenancy," if one spouse dies, the other automatically gets full ownership. This is the most common scenario. If you're "tenants in common," each spouse owns a specific share of the house. If one dies, their share goes to whoever they name in their will, not automatically to the other spouse.
Some couples choose to put the house in just one person's name, but this is less common and can be risky for the spouse not on the deed. Usually, having both names on the deed provides the most protection for both spouses, even if only one person is on the mortgage.
Marriage Property Laws
When you buy a house during your marriage, it's usually considered marital property - even if only one person's name is on it. This means both spouses have rights to the property, regardless of who paid for it.
The only exception is if you have a prenup that says something different, or if one spouse bought it with money they had before marriage or inherited (whether before of after marriage).
Different states handle this in different ways, too. In community property states, the law automatically considers both spouses equal owners. In other states, things get more complicated - courts look at who paid for the house, who maintained it, and what you both intended when you bought it.
Acknowledging Power Dynamics
Putting a house under one name can create tensions in your marriage.
The spouse whose name is on the house might feel they have more say in decisions about repairs, renovations, or even who can visit. The other spouse might feel less secure or worry about what would happen if the relationship changed.
Money and property often affect relationship dynamics, whether we like it or not. When one person holds the legal rights to your shared home, it can create an uneven power balance - even in the healthiest relationships.
If you're choosing to have just one spouse on the mortgage and/or the deed, it's essential to acknowledge the power dynamics these arrangements create and proactively communicate about them. You can learn more about this in my coaching programs.
Communication Strategies
The key to making single-name homeownership work is open, honest communication.
Before you buy, sit down and talk through all the scenarios - good and bad. Why are you doing this in the first place? What happens if you separate? What if one of you loses your job? What if one of you dies? These aren't fun conversations, but it's very important to have them.
Even if you trust each other completely, talking about your intentions (and documenting them) helps prevent misunderstandings later on.
Making Homeownership Work
Here's how to handle shared homeownership, regardless of whose name is on the papers:
Regular money talks: Set aside time to talk about your finances and house-related expenses.
Shared decision making: Even if only one name is on the mortgage or the deed, make major house decisions together. This includes repairs, renovations, and any changes to the mortgage.
Get professional help: Before you decide to buy a house under one name, work with a lawyer or another qualified professional to understand your rights and options. They can help you set up agreements that protect both spouses.
Plan for the unexpected: Create a written plan for what happens if one of you can't pay the mortgage, gets sick, or passes away. Update your wills and insurance policies to reflect your arrangements.
Keep good records: Save documents showing both spouses' contributions to the house, including mortgage payments, repairs, and improvements.
I suggest confirming your decision with at least two professionals, such as a lawyer, a financial advisor, or a mortgage professional. Every situation is unique, and laws vary by state.
These professionals might also suggest options you haven't thought about to create a fair agreement between you and your spouse. Working with a financial coach helps you thrive both financially and in the emotional aspects of your relationship.
FAQs
Do Married Couples Both Own the House?
Not automatically. Ownership depends on whose names are on the deed and what state you live in. In community property states (like California, Texas, and Arizona), both spouses typically own the house equally if it was bought during marriage, regardless of whose name is on the deed. In other states, ownership follows what's written on the deed. However, even if only one spouse is on the deed, the other spouse might still have rights to the property if you separate or divorce, since houses bought during marriage are usually considered marital property.
Can I Use My Spouse’s Income for a Mortgage Loan?
You can use your spouse's income to apply for a joint mortgage. In this case, the lender looks at both incomes as one household income. Combined income usually helps you qualify for a bigger loan.
Can I Buy a House Without My Spouse Knowing?
It's technically possible to buy a house without telling your spouse in most states, but it's usually a (very) bad idea. Even if you use your own money and credit, a house bought during marriage is typically considered marital property, which means your spouse could claim part ownership during a divorce, and hiding the purchase could get you in legal trouble. Plus, secret purchases this big often destroy trust and can damage your marriage. So, if you're thinking about buying a house alone, it's better to have an honest conversation with your spouse about why.
What Is the Best Deed for a Married Couple?
For most married couples, joint tenancy with right of survivorship is the best choice because it means you both own 100% of the house, and if one spouse dies, the other automatically gets full ownership without going through court. It's simpler than other options and gives both spouses equal rights to the property, which creates a more fair power dynamic.
Is It Smart to Buy a House with Someone You’re Not Married To?
Buying a house with someone you're not married to comes with risks because you don't have the same legal protections married couples do. If you split up, there's no divorce court to help divide things fairly. So if you do it, it's important to get everything in writing, including who pays what, how you'll handle repairs, and what happens if someone wants to sell. It's a good idea to work with a lawyer.
Recent studies indicate more and more unmarried couples are buying homes together.
Become Financial Teammates and Transform Your Relationship
When buying a house as a couple, success comes down to teamwork. You need to be open about money, make big decisions together, and protect each other legally.
If you're ready to get on the same page financially, book a free consultation to get started.