Whose Name Is Actually on Your Deed?

Quick homeowner question:

Whose name is actually on your deed?

You might immediately answer, “Mine and my spouse's.”

But when was the last time you actually checked?

For many homeowners, the answer is:

Never.

Mortgage and ownership aren't the same thing

This is where homeowners can get confused.

Your mortgage or home loan relates to the debt.

Your deed is one of the key documents showing how ownership of the property is held.

So don't assume that because someone is responsible for the mortgage, their name automatically appears on the deed—or that the ownership is structured the way you think.

Here's a real-life example

Imagine a couple bought their home shortly before getting married.

Only one person's name was originally placed on the deed.

Ten years later they're married, have children, and both consider it “our house.”

But nobody ever went back and reviewed how title was actually held.

Then something happens to one spouse.

Suddenly, a detail they hadn't thought about in years becomes extremely important.

It's not only who is listed

You also need to understand how ownership is held.

California real estate can be held in several ways, including:

• Sole ownership

• Joint tenancy

• Community property

• Community property with right of survivorship

• Tenancy in common

• Through a trust

Those aren't interchangeable terms. How property is owned can affect what happens when an owner dies or when the property is transferred. California Courts specifically recommends reviewing the deed and how title is held when determining what happens to real estate after an owner's death.

How do you check?

Start with the deed you received when you purchased or last transferred the property.

Can't find it?

Recorded deeds are public records maintained by the County Recorder's Office in the county where the property is located.

And don't casually change the deed yourself after reading something online.

Adding or removing an owner can have legal, estate-planning, lending, and potential tax consequences.

If something needs changing, speak with the appropriate real-estate or estate-planning attorney and tax professional first.

Your 10-minute homeowner check

Pull out your deed and answer three questions:

1. Who is listed?

2. How is title held?

3. Does that still match how you want the property owned today?

Maybe everything is exactly right.

Great.

But if you bought the home years ago, got married, divorced, created a trust, lost a spouse, or experienced another major life change, it's worth reviewing.

We spend a lot of time watching what our homes are worth.

Sometimes we should spend a few minutes understanding how the home we worked so hard to own is actually owned.