Short answer
Often, yes. The deed shows who owns the home; the mortgage note shows who owes the loan. Federal law (the Garn-St Germain Act) bars lenders from calling a home loan due when a borrower's spouse or children become owners. Adding someone else, such as someone you aren't married to, isn't on that list, so check with your servicer and a NH real estate attorney first. Adding someone to the deed doesn't add them to the loan.
Deed vs. mortgage: what's the difference?
The deed, recorded at your county registry of deeds, lists the owners. The mortgage note lists the people who promised to repay the loan. They don't have to match. A person can own part of the home without owing the loan, and adding them to the deed doesn't make them responsible for the payments or change your loan terms. To look up your current deed, see how to look up your deed in NH.
Will my lender call the loan due?
Most mortgages have a due-on-sale clause. For homes with fewer than five units, 12 U.S.C. 1701j-3(d) lists transfers where a lender can't use that clause, including:
- a transfer where the borrower's spouse or children become an owner;
- a transfer to a spouse under a divorce decree or legal separation agreement;
- a transfer at death to a relative or a surviving joint owner; and
- a transfer into a living trust where the borrower stays a beneficiary.
Adding an unmarried co-owner, parent, sibling or friend isn't one of the listed transfers. Some lenders may not act on it, but the law doesn't require them to wait, so ask your servicer and an attorney before signing a new deed. For trusts, see mortgages and revocable trusts.
What rights does the new owner get with the servicer?
Under the CFPB's mortgage servicing rules (Regulation X), a spouse or child who becomes an owner through one of those listed transfers is a "successor in interest." Once the servicer confirms them, they're treated as a borrower for the servicing rules, which covers things like account information and help if payments fall behind, even though they didn't sign the note.
Is there NH transfer tax or other costs?
NH's real estate transfer tax law has an exemption for noncontractual transfers (RSA 78-B:2, IX), which may cover adding someone for no payment. Ask your attorney or the NH Department of Revenue Administration whether it fits your case. You'll also pay to record the new deed. How you add someone matters too: joint tenancy and tenancy in common work differently. See joint tenancy vs. tenants in common.
What if I want them on the loan too?
Adding a borrower to the loan usually means refinancing, with the new borrower's income and credit reviewed. That can make sense if you also want to change your loan terms or take cash out. Tom can compare the options. See when to refinance and, after a divorce, keeping the home.
Sources
- 12 U.S.C. 1701j-3, Preemption of due-on-sale prohibitions (Cornell LII)
- 12 CFR 1024.31, Definitions: successor in interest (Regulation X, Cornell LII)
- 12 CFR 1024.30(d), Successors in interest (Regulation X, Cornell LII)
- NH RSA 78-B:2, Real estate transfer tax exemptions
Checked November 2, 2026. Rules and dates change, so confirm current details before you rely on them.
General information only, not tax or legal advice. Program availability, eligibility and terms vary by lender and are subject to change and to underwriting approval. Not a commitment to lend.