Most couples who buy a home in Canada take out a joint mortgage, but the loan, the title and the couple’s legal rights are three separate things, and they don’t always line up. This guide covers the choices a married or common-law couple makes when buying together: whose name goes on the mortgage, whose goes on the title, how the down payment is recorded, and what a cohabitation agreement or marriage contract settles in advance. It is one of our guides to buying outside the standard single-borrower route.
Mortgage vs title: two separate things
The mortgage (the loan) and the title (the ownership) are separate legal documents:
| Document | What it determines | Who can be on it |
|---|---|---|
| Mortgage | Who owes the debt to the lender | One or both partners, and sometimes a guarantor |
| Title | Who owns the property | One or both partners, and sometimes others |
Common configurations
| Configuration | On the mortgage | On the title | When it’s used |
|---|---|---|---|
| Both on both | Partner A and B | Partner A and B | The usual set-up for couples |
| One on the mortgage, both on title | Partner A only | Partner A and B | Partner B doesn’t qualify on credit or income |
| Both on the mortgage, one on title | Partner A and B | Partner A only | Uncommon: lenders usually want every owner on the mortgage |
| One on both | Partner A only | Partner A only | Only one partner wants ownership, for example before marriage or for asset protection |
Joint or one-name application
| Joint application | One partner applies | |
|---|---|---|
| Income | Both partners’ gross income combined | One income only |
| Debts | Both partners’ debts combined | One applicant’s debts only |
| Credit | Both scores reviewed; the weaker one can affect the rate or approval | Only one score matters |
| Down payment | Both partners’ contributions | Can still include money from the other partner, documented as a gift |
| Qualification | Usually qualifies for more | May qualify for less, but leaves the other partner’s debts out |
| Liability | Both liable for the full mortgage | Only the applicant is liable |
| Suits | Both partners have good credit and manageable debt | One partner has poor credit, high debt or irregular income |
Whichever way you apply, the lender checks that the payments are affordable at a higher test rate: Lenders check that you could afford the payments at the greater of your contract rate plus 2% or 5.25%, a floor set by OSFI for uninsured mortgages and by the federal government's mortgage insurance rules (the Minister of Finance's Eligible Mortgage Loan Regulations) for insured ones.
When one partner applies alone
| Situation | Why a one-name application can help |
|---|---|
| One partner has a low credit score | A joint application may get a higher rate or be declined |
| One partner has a large car loan or student debt | Their payments raise the total debt service ratio and cut the amount you qualify for |
| One partner is newly self-employed | A short record of reported business income is hard to qualify with |
| One partner has a recent bankruptcy or consumer proposal | It can rule out or limit a joint application |
Being off the mortgage doesn’t have to mean being off the title, and a married spouse has rights in the family home under family law even when only the other spouse owns it.
When one partner has weak credit
| Approach | Advantages | Drawbacks |
|---|---|---|
| Apply jointly anyway | Both incomes count toward qualifying | The weaker credit may raise the rate or lead to a decline |
| The stronger partner applies alone | The rate reflects the stronger credit | The other income is lost, so the approved amount may be smaller |
| The stronger partner applies, the other guarantees | The stronger credit sets the rate while the second income still helps | The guarantor carries the credit exposure without ownership; see co-signing or guaranteeing a mortgage |
| Rebuild credit first, then apply | Both applicants come to the lender with stronger files | The purchase is delayed |
If you are already homeowners and want to add a partner to an existing mortgage, the lender approval, title and tax issues are covered in adding someone to your mortgage.
Title: joint tenants or tenants in common
Joint tenants own equal shares with a right of survivorship, so the surviving partner automatically takes the whole property; tenants in common can hold unequal shares that pass under each owner’s will. The differences in probate, tax and control are explained in joint tenancy vs tenancy in common.
Married vs common-law: different property rights
Married spouses share family property, including the equity in the home, on separation no matter whose name is on title, and the family home gets extra protection in every province. Common-law partners only get similar rights in some provinces, and only after living together for a set period, so in the rest ownership mostly follows the title; the province-by-province rules are in buying a home as a common-law or married couple.
Documenting the down payment
| Scenario | How to document it |
|---|---|
| Equal contributions | Each partner pays their share from their own account, with statements kept |
| Unequal contributions | Record each amount in writing and state whether the difference is a gift, a loan or a larger ownership share |
| One partner pays the whole down payment | A gift letter for the lender, plus a clause in the cohabitation agreement or marriage contract |
| Parents give money to one partner | A gift letter for the lender, and a written decision on whether the gift belongs to that partner or to the couple |
If the relationship ends, where the down payment came from is often central to dividing the property, and written records settle what memory can’t.
Cohabitation agreements and marriage contracts
A cohabitation agreement (for common-law partners) or marriage contract (for spouses) sets out in advance what happens to the home. It matters most for common-law partners in provinces where property follows the title: without one, a partner who paid toward a home in the other’s name may have to go to court to recover their share.
| What the agreement covers | Why it matters |
|---|---|
| Who contributed what to the down payment | Sets the starting equity split |
| How mortgage payments and costs are shared | Creates a record of contributions |
| What happens to the home on separation | Avoids a court fight over it |
| Who keeps the home if both want it | A right of first refusal with an agreed valuation method |
| How growth in the home’s value is divided | Proportional to contributions, equal or another formula |
| What happens if one partner pays much more | An adjustment, such as equity credited for extra payments |
Each partner usually has their own lawyer review the agreement so it holds up if it is ever challenged.
If you separate
The lender isn’t bound by a separation agreement: until the mortgage is refinanced in one name or the home is sold, both borrowers stay liable for the full balance, even if the agreement says one partner pays. Buying out a partner, qualifying on one income and buying again afterwards are covered in the mortgage after divorce or separation.
Planning as a couple
| Decision | What couples weigh |
|---|---|
| A joint account for housing | One shared account, funded by both, for the mortgage, property tax and insurance keeps household costs visible |
| An emergency fund | A few months of housing costs set aside covers a job loss or a repair |
| Life insurance | Term life insurance sized to the mortgage lets the surviving partner keep the home |
| Disability coverage | Income protection if one partner can’t work, which a lender’s mortgage insurance may not fully cover |
| Wills | Updated wills matter most for common-law partners, who may have no automatic inheritance rights |
The bottom line
A joint mortgage combines two incomes and makes both partners liable for the whole debt. The mortgage, the title and your rights under family law are separate, so it helps to know who is on each and why. Recording the down payment and putting a cohabitation agreement or marriage contract in place before buying settles the questions that are hardest to answer after a breakup. Buyers who aren’t partners, such as siblings or friends, face different questions, covered in buying a home with friends or family.
Sources
The figures and rules on this page come from these sources, last checked against them on September 29, 2026. How we check facts.