My boyfriend and I are buying a new construction home. Since he already has an FHA loan, he is not eligible to be on the FHA mortgage. However, the down payment and closing costs are being split 50/50.
Can he be included in the title JTWROS without being on the mortage loan?
Maybe - depending on the requirements of the lender. It is not a general requirement that all owners or purchasers of a particular piece of property also be obligated on the promissory note (or the IOU). If both of you become owners of the property, both of you will need to sign on mortgage (which is the lien against the property).
If you are not married and are purchasing property with a significant other, I VERY STRONGLY SUGGEST that you have an agreement drawn up before you buy the property that addresses what will happen with the property if you split up. A divorce court takes care of the question if the parties are married, but if you do not address the "what if" now, it will be very costly to do so later.
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Everyone who holds title to a piece of real estate must join in the mortgage for the mortgage to be a valid lien. However, the loan and the promissory note do not have to be in both names. As the other attorney said, buying a home with a boyfriend to whom you are not married can cause major problems. If you break up, there can be big problems with the title to the house. You should consult an experienced real estate lawyer in your area to advise you on the potential problems and the ways to avoid them before you do this. It will much easier to avoid the problems now than it will be to fix them later.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.