Quick answer

When you buy a home with someone in Georgia, the loan and the deed are separate. Lenders add up both borrowers' incomes and debts, and loans that follow Fannie Mae's rules are priced using the lowest credit score. On the deed, Georgia law makes co-owners tenants in common unless it expressly says joint tenants with survivorship, so decide the wording with a Georgia real estate attorney.

Buying with a partner, relative or friend can make a home more reachable: two incomes can help you qualify, and you share the costs.

But two names on the paperwork raise two separate questions:

  • Who owes the loan? That’s the mortgage paperwork.
  • Who owns the house, and how? That’s the deed, the ownership document that gets recorded with the county.

They are different documents: taking someone off the deed doesn’t take them off the loan. This is general information, not legal advice. For your situation, talk with a Georgia real estate attorney.

How lenders look at two borrowers

When two people apply together, the lender looks at both of you.

  • Income adds up. Fannie Mae’s rules, which many conventional loans follow, use the total monthly income of all borrowers whose income is used to qualify.
  • Debts add up too. A co-borrower’s car payment, student loans and credit cards count. A second income helps less if it comes with big monthly payments.
  • Each person’s credit counts. On loans that follow Fannie Mae’s rules, the loan is priced using the lowest score among the borrowers, and a lower score can mean a higher cost. More in my credit guide.
  • If someone won’t live there. When a co-borrower won’t live in the home, some programs add limits, such as on how much you can borrow compared with the home’s value.

The best first step is to get pre-approved together. Then agree on a monthly payment that’s comfortable for both of you. Your budget is what decides if a payment works, and with two people, it has to work for both.

Co-signer vs. co-borrower

Lenders define these a little differently, but in general:

Co-borrower Co-signer
Signs the loan Yes Yes
Can be asked to pay the full amount Yes Yes
On the deed (an owner) Usually No
Lives in the home Often, not always Usually not

According to the Federal Trade Commission, a co-signer can be asked to repay the whole loan, plus late fees or collection costs, and the loan can appear on their credit report. Co-signing doesn’t make them an owner of the home.

If a relative is offering to help, ask the lender which role they would have, and make sure they understand what they’re signing.

How you take title in Georgia

“Taking title” means how your names appear on the deed. In one of my Shorts I said that if you didn’t specify, by default it’s tenants in common. That comes from Georgia law (O.C.G.A. § 44-6-190): a deed to two or more people creates a tenancy in common unless it expressly says otherwise.

Tenants in common

  • Each of you owns a share of the home. Georgia treats the shares as equal unless the deed says otherwise, and unequal shares (say 60/40) are allowed.
  • When an owner dies, their share does not go automatically to the other owner. It passes through their estate, under their will or, if there is no will, Georgia’s inheritance rules. Their heirs could become your co-owners.

Joint tenancy with right of survivorship

  • When one owner dies, the surviving owner keeps the whole home automatically, without going through the deceased owner’s will.
  • The wording matters. Georgia law requires the deed to say it, with words such as “joint tenants,” “joint tenants with survivorship,” or “jointly with survivorship” (or essentially the same). Words like “and” or “jointly” on their own are not enough, so the result is tenants in common.
  • A joint tenant can generally end the survivorship for their share by recording a transfer of their interest while they’re alive. After a final divorce or annulment, unless the court order already decides what happens to the joint tenancy, either person can record an affidavit (a sworn statement), with a copy of the order, in the county’s land records to turn it into tenants in common.

Already own a home with someone? Look at your deed. Recorded deeds in Gwinnett are kept by the Clerk of Superior Court and are available online through GSCCCA (gsccca.org). Your closing attorney can also help.

If one owner wants out

The most common paths:

  1. Sell together and split what’s left after paying off the loan and costs.
  2. One buys the other out. Usually the person who stays has to refinance, and qualify alone, to take the other person off the loan. A divorce decree or deed change doesn’t change the contract with the lender.
  3. Sell your share. A tenant in common can generally do this. The buyer then becomes a co-owner with the other owner.
  4. Partition. If co-owners can’t agree, a co-owner can ask the Superior Court of the county where the home is to divide or sell the property. It’s a lawsuit, so the timing is up to the court, not you, and attorneys note that a court-ordered sale often brings in less than a regular sale.

If an owner dies

With tenants in common, the share goes through the estate and the surviving owner may end up sharing the home with heirs. With survivorship, the surviving owner keeps the home, but the loan stays and still has to be paid. That’s why it’s worth talking with an attorney about your will and your deed.

Put it in writing: a co-ownership agreement

Never rely on verbal promises: make sure everything is in writing. A co-ownership agreement is a written contract between the owners that covers what the deed doesn’t:

  • Who put in how much for the down payment and closing costs
  • How you’ll split the mortgage, taxes, insurance, HOA (homeowners association) dues and repairs
  • What happens if someone can’t pay their part
  • How a buyout works and how the home’s value is decided
  • What happens if someone wants to move out, the relationship ends, or an owner dies

A Georgia real estate attorney can draft it so it fits with your deed and your will.

Where I come in

I’m not an attorney, so I won’t tell you which form of ownership is right for you. I can help you and your co-buyer get on the same page early, prepare questions for the lender, and remind you to decide the deed wording with your closing attorney before closing. In Georgia, only a licensed Georgia attorney can conduct the closing and prepare the deed for you, so that’s the person to ask.

If you’re thinking of buying with someone, start with my home buyer roadmap or book a call. You don’t have to figure this out alone, and I’m happy to talk it through in English or Spanish.

Questions about this

What happens if we don't say how we take title on a Georgia deed?

Under Georgia law (O.C.G.A. § 44-6-190), a deed to two or more people creates a tenancy in common unless it expressly says otherwise. Each of you owns a share, and Georgia treats the shares as equal unless the deed says otherwise.

What's the difference between a co-signer and a co-borrower on a mortgage?

Both sign the loan and both can be asked to pay the full amount. A co-borrower is usually on the deed as an owner, while a co-signer is not, and co-signing doesn't make them an owner of the home.

Whose credit score counts when two people buy a house together?

Each person's credit counts. On loans that follow Fannie Mae's rules, the loan is priced using the lowest score among the borrowers, and a lower score can mean a higher cost.

Does taking someone off the deed take them off the mortgage?

No. The deed and the loan are different documents. Usually the person who stays has to refinance, and qualify alone, to take the other person off the loan, because a divorce decree or deed change doesn't change the contract with the lender.

What wording creates joint tenancy with right of survivorship in Georgia?

The deed has to say it, with words such as "joint tenants," "joint tenants with survivorship" or "jointly with survivorship" (or essentially the same). Words like "and" or "jointly" on their own are not enough, so the result is tenants in common.

What happens if co-owners can't agree on selling the house?

A co-owner can ask the Superior Court of the county where the home is to divide or sell the property, which is called partition. It's a lawsuit, so the court sets the timing, and attorneys note that a court-ordered sale often brings in less than a regular sale.

This guide is general information, not legal, tax or lending advice. Programs and rules change, so confirm details with a licensed lender, attorney or tax professional.

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