Can you add a third person's name to the deed without adding them to the mortgage?

Answer 1

Yes. In most states such action is required to be handled through a licensed title company or an attorney. Whether required by state law or not, the aforementioned is always the best option for the amending of a title to real propery.

Additional information: You can add anyone you want to the deed, however, it's best to discuss the possible consequences with an attorney prior to commencing. For example, if the original party in title also has a mortgage on the property and defaults on that mortgage, its possible that the third party who was added to the deed may be added as a defendant in the foreclosure suit brought by the lender.

Clarification

You should review the language in your mortgage. Most mortgages carry the provision that any change in title will trigger a due on transfer clause. That means the lender can demand full payment upon any change in the title. You should obtain legal advice before making any changes.