What we verified in “How to hold title to a home with your family”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. According to the CFPB, when you buy your home you receive a document most often called a deed, which shows that the seller transferred legal ownership, or title, of the home to you; title insurance can protect you if someone later claims rights to the home; most lenders require a lender's policy, which protects what they lent; and an owner's policy is not required but protects your investment.

   Sources 1 · Your home loan toolkit (updated July 2026), 'Title insurance': 'you receive a document most often called a deed, which shows the seller transferred their legal ownership'; 'Title insurance can provide protection if someone later sues and says they have a claim against the home'; 'Most lenders require a Lender's Title Insurance policy, which protects the amount they lent'; 'Though it is not required, you might want to buy an Owner's Title Insurance policy, which protects your financial investment in the home' · Checked October 17, 2026

2. In Arizona, by law, when property is granted to two or more people it creates an estate in common (tenancy in common) and not a joint tenancy, with exceptions such as husband and wife; for one owner's share to pass to the others at death, the deed must expressly declare a joint tenancy with right of survivorship; and spouses may expressly declare community property with right of survivorship.

   Sources 2 · Arizona Revised Statutes §33-431: 'all grants and devises of real property made to two or more persons create estates in common and not in joint tenancy, except grants or devises in trust, or to executors, or to husband and wife'; 'may by express words vest the estate in the survivor on the death of a grantee or devisee when expressly declared in the grant, transfer or devise to be a joint tenancy with right of survivorship'; 'to be an estate in community property with right of survivorship' · Checked October 17, 2026

3. In Florida, by law, the right of survivorship between co-owners does not apply on its own: except for estates by the entirety, a transfer to two or more people creates a tenancy in common unless the document expressly provides for the right of survivorship; and if the marriage is dissolved, spouses who owned by the entirety become tenants in common.

   Sources 3 · Florida Statutes §689.15, Estates by survivorship: 'The doctrine of the right of survivorship in cases of real estate and personal property held by joint tenants shall not prevail in this state'; 'except in cases of estates by entirety, a devise, transfer or conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly provide for the right of survivorship'; 'upon dissolution of marriage, shall become tenants in common' · Checked October 17, 2026

4. In Washington, by law, joint tenancy with right of survivorship lets property pass to the survivor without the cost or delay of probate; each co-owner has the right to sever the joint tenancy on their own; and it is created only by a written document that expressly declares it a joint tenancy.

   Sources 4 · Revised Code of Washington §64.28.010: 'joint tenancy with right of survivorship permits property to pass to the survivor without the cost or delay of probate proceedings'; 'including the unilateral right of each tenant to sever the joint tenancy'; 'Joint tenancy shall be created only by written instrument, which instrument shall expressly declare the interest created to be a joint tenancy' · Checked October 17, 2026

5. In Washington, by law, every interest in favor of two or more people is an interest in common unless declared a joint tenancy or another exception applies; and an interest in common held in the names of both spouses or both registered domestic partners is presumed to be community property.

   Sources 5 · Revised Code of Washington §64.28.020: 'Every interest created in favor of two or more persons in their own right is an interest in common'; 'unless declared in its creation to be a joint tenancy'; 'Interests in common held in the names of both spouses or both domestic partners, whether or not in conjunction with others, are presumed to be their community property' · Checked October 17, 2026

6. In Washington, by law, property acquired by one or both spouses (or registered domestic partners) after marriage or registration is, in general, community property.

   Sources 6 · Revised Code of Washington §26.16.030, Community property defined: 'acquired after marriage or after registration of a state registered domestic partnership by either domestic partner or either husband or wife or both, is community property' · Checked October 17, 2026

7. According to the IRS, the community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin; the laws of the state where you are domiciled determine whether you have community property; generally, community property is what you, your spouse or both acquire during the marriage while domiciled in one of those states, and separate property includes, for example, what each of you owned before the marriage or received separately as a gift or inheritance; and Alaska, Tennessee and South Dakota have laws with a community property election.

   Sources 7 · Publication 555, Community Property: 'Arizona. California. Idaho. Louisiana. Nevada. New Mexico. Texas. Washington. Wisconsin.'; 'Generally, the laws of the state in which you are domiciled govern whether you have community property'; 'acquire during your marriage (or registered domestic partnership) while you and your spouse (or your RDP) are domiciled in a community property state'; 'Property that you or your spouse (or your RDP) owned separately before your marriage'; 'received separately as a gift or inheritance during your marriage'; 'election under Alaska, Tennessee, and South Dakota state laws' · Checked October 17, 2026

8. In Arizona, by law, a beneficiary deed that expressly states it is effective at the owner's death transfers the property to the beneficiary the owner chose when the owner dies, subject to existing mortgages and liens; it can name several beneficiaries, who may take title as joint tenants with right of survivorship, tenants in common or another form valid in the state.

   Sources 8 · Arizona Revised Statutes §33-405, Beneficiary deeds: 'expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the death of the owner'; 'subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens'; 'A beneficiary deed may designate multiple grantees who take title as joint tenants with right of survivorship, tenants in common' · Checked October 17, 2026

9. On an FHA loan, all borrowers and co-borrowers, whether or not they live in the home, must take title in their own name or a living trust at closing, be obligated on the note and sign the security instruments; co-signers are liable for the debt and sign the note, but hold no ownership interest and do not sign the security instrument; in community property states your spouse does not have to be a borrower or co-signer, but the mortgage must be signed by whoever state law requires for the lien to be valid.

   Sources 9 · HUD Handbook 4000.1 (last revised 8/12/2026), II.A.1.b.ii(A)(4)–(5): 'all occupying and non-occupying Borrowers and co-Borrowers must take title to the Property in their own name or a living trust at settlement, be obligated on the Note or credit instrument, and sign all security instruments'; 'In community property states, the Borrower's spouse is not required to be a Borrower or a Co-signer'; 'the Mortgage must be executed by all parties necessary to make the lien valid and enforceable under state law'; 'Co-signers do not hold an ownership interest in the subject Property and therefore, do not sign the security instrument' · Checked October 17, 2026

10. On an FHA loan, the lender must make sure all purchasers on the sales contract are borrowers and that only borrowers sign the contract; a family member of a purchaser who is not a borrower may be listed on the contract without changing it.

    Sources 9 · II.A.1.a.i(E)(1), Sales Contract: 'all purchasers listed on the sales contract are Borrowers'; 'only Borrowers sign the sales contract'; 'The Family Member of a purchaser, who is not a borrower, may be listed on the sales contract without modification or removal' · Checked October 17, 2026

11. For Fannie Mae, a borrower establishes an ownership interest and becomes liable for the debt by signing the security instrument, signing the note and taking title in their own name.

    Sources 10 · Selling Guide B2-2-01, General Borrower Eligibility Requirements (09/03/2025), 'Establishing Borrower Ownership Interest': 'signing the security instrument, signing the mortgage or deed of trust note, and taking title to the property in the name of the individual borrower(s)' · Checked October 17, 2026

12. For Fannie Mae, guarantors and co-signers have no ownership interest in the home as shown on the title, and non-occupant borrowers may or may not have an ownership interest as shown on the title.

    Sources 11 · Selling Guide B2-2-04, 'Definitions': 'Guarantors and co-signers are credit applicants who do not have ownership interest in the subject property as indicated on the title'; 'may or may not have an ownership interest in the subject property as indicated on the title' · Checked October 17, 2026

13. For Fannie Mae, if the home is held in a life estate under state law, the person with the right to use the home during their lifetime (the life tenant) must be a borrower; one or more of those who will receive full ownership at that person's death (the remaindermen) may also be co-borrowers; and all of them must sign the security instrument.

    Sources 10 · B2-2-01, 'Establishing Borrower Ownership Interest': 'If the security property is held in a life estate established under state property law'; 'The life tenant (the individual who has the right to possess and use the subject property during their lifetime) must be a borrower'; 'who will receive full ownership of the subject property upon the death of the life tenant) may also be co-borrowers'; 'Both the life tenant and all remaindermen must sign the security instrument' · Checked October 17, 2026

14. According to the CFPB, a lender generally cannot require your spouse's signature for individual credit if you qualify on your own, but on a mortgage it may require your spouse or another person to sign if state law requires it to secure the home as collateral, for example to create a valid lien or clear title.

    Sources 12 · Does my spouse have to co-sign my mortgage loan? (last modified Dec. 18, 2024): 'a creditor such as a lender cannot require your spouse's (or another person's) signature for individual credit if you qualify on your own for the amount and terms requested'; 'if it's required by state law to secure your property as collateral'; 'documents to create a valid lien or clear title' · Checked October 17, 2026

15. According to the CFPB, you have the right to take your time and review every closing document; do not sign anything until you are fully satisfied the documents match your expectations; and if you are confused about the terms of the sale, ask your real estate agent or settlement agent (title company, escrow officer or attorney).

    Sources 13 · Close the deal: 'you have the right to take your time and review them all'; 'Don't sign anything until you're fully satisfied that the documents match your expectations'; 'ask your real estate agent or settlement agent (title company, escrow officer, or attorney)' · Checked October 17, 2026

16. The Legal Services Corporation (LSC), established by Congress, funds civil legal aid for low-income Americans; on its site you find the nearest legal aid organization by entering an address or city, and LawHelp.org has information about legal questions and free legal forms.

    Sources 14 · I Need Legal Help: 'LSC is an independent nonprofit established by Congress'; 'to provide financial support for civil legal aid to low-income Americans'; 'enter an address or city below to find an LSC-funded legal aid organization near you'; 'You can also visit LawHelp.org to look up information about your legal questions and find free legal forms' · Checked October 17, 2026

17. HUD-approved housing counselors give independent advice on buying a home, renting, defaults and credit, often at little or no cost.

    Sources 15 · Find a Housing Counselor: 'Housing counselors throughout the country can provide advice on buying a home, renting, defaults, forbearances, foreclosures, and credit issues'; 'they can offer independent advice, often at little or no cost to you' · Checked October 17, 2026