I am not on title to our house, is it still joint property?

Is your house still joint property if you’re not on the title?

Well the long answer is “maybe, and the short answer is, probably “yes!”
Why can’t lawyers just say “yes” or “no?” Why does everything have to be so complicated? Well, partially because the law is not just made up of statutes of codes. We also have to consider “judge made law” – law that is created as a result of a decision a judge or panel of judges made on a particular case.

In marriage, we do all sorts of things that we wouldn’t necessarily do with a business partner. For example, we may put one spouse on the title (grant deed) to a home to avoid the mortgage company running the credit of a spouse with low credit. This doesn’t usually mean that the parties intend for the home to be the sole property of the titled spouse – rather, we make these choices to better our financial position (obtain a lower interest mortgage rate, etc.).

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