How do i add my spouses name to my house deed

It is easy to add a name. You just need to have a deed from yourself to you and your wife prepared. Call any real estate lawyer. You should also discuss the wisdom of adding a wife. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.

As the prior commenter noted, it is fairly simple to add your spouse to the deed, and if you title the property as tenants by the entirety there may be some additional asset protection benefits. However, I strongly encourage you to get with an estate planning attorney to discuss the negative implications of retitling which include, among others, the increased likelihood of you losing the house in a divorce. NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom. DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.

As noted by the previous responses, a simple deed from you individually to you and your spouse jointly is all that is required. There is a code section to cite that avoids a transfer tax. Married persons have a special ownership or tenancy that allows for rights of survivorship, i.e., in the event one spouse dies, the property passes to the surviving spouse. However, be careful with retitling property. Va. Code 20-107.3(3)(f) states "When separate property is retitled in the joint names of the parties, the retitled property shall be deemed transmuted to marital property. However, to the extent the property is retraceable by a preponderance of the evidence and was not a gift, the retitled property shall retain its original classification." Your posting said you don't have a mortgage so I assume you own the house free and clear of debt. If you don't lay the groundwork to show that the retitled property was not intended as a gift, you could be paying your spouse half of the value of the house in the event of a divorce. I am not trying to predict a divorce for your future, but to keep you from joining the line of clients who come to lawyers having done similar things and caused themselves financial damage. The important question is, why add your spouse? Depending upon your intentions, a will may serve you better than a new deed. A marital agreement could also be used to document that this is not intended as a gift. With a proper mix of documents, you could provided ownership to your spouse, rights of survivorship, and still protect your interests in the event of a divorce.

If you retitle the property, you are effectively selling your spouse a portion. If you use tenants by the entirety or joint tenants, you will own the property in equal shares. If anything happens during the marriage, your spouse can get half the house or more. Being married and owning property as tenants by the entirety does have the benefit of protecting the house from individual creditors. Talk to an estate planner before making any changes that you cannot reverse. [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]