View Full Version : Why do I need an attorney to add my spouse to a deed which has no encumbrances
taffy1
May 11, 2011, 12:30 PM
I want to add my husbands name to my deed . We are told we need an attorney even though we have the deed . What else other than the additional name would be needed?
smoothy
May 11, 2011, 12:36 PM
Deeds have to be registered. It's a bit more complicated to add someone than just sign a paper.
taffy1
May 11, 2011, 12:59 PM
Let me rephrase : if I copy the present deed add the name and notarize it what else is necessary? What are the complications? There is no mortgage or any other issues involved. There is a clear title
AK lawyer
May 11, 2011, 01:45 PM
Let me rephrase : if I copy the present deed add the name and notarize it what else is necessary? What are the complications? There is no mortgage or any other issues involved. There is a clear title
Yes, you should be able to do that. Put your name as the grantor, and yours and your husband's name as grantees.
You might want to consider whether to make it in-common or jointly with right of survivorship (so as to avoid probate), and the exact phrasing to use appropriate for your state. Those issues might in themseves justify the use of an attorney.
So who told you that an attorney is required?
The other question you should ask yourself: why do you need to do this at all?
Fr_Chuck
May 11, 2011, 06:06 PM
Also of course you realize that if in 6 months you get a divorce she will now own 1/2 of the home and you could lose it to her in a divorce battle
AK lawyer
May 11, 2011, 06:17 PM
Also of course you realize that if in 6 months you get a divorce she will now own 1/2 of the home and you could lose it to her in a divorce battle
She? OP mentioned having a husband. So, unless it's one of those new-fangled same-"sex marriages", and they have also fiddled with the definition of "husband", the spouse would be a "he", and OP could loose to "her". :)
joypulv
May 14, 2011, 04:23 AM
You don't need an attorney, but if you don't know the correct wording for your state and your situation, you do. There are tenants in common, joint tenants, different deed descriptions, different covenants, and so on. Do you know what each of those means?
You can save money by researching all of that yourself, and it can all be done on half a page, but you don't want to be wrong.
And I agree - why add a spouse to a deed? If I had a spouse eager to be added, I'd think twice. Not that he or she wouldn't get it anyway if I died, or part of it in a divorce.
ScottGem
May 14, 2011, 05:22 AM
Before posting on a site like this, it often pays to browse around a bit to see if there are FAQs or similar threads that may answer your question. Had you done so, you might have found this sticky:
https://www.askmehelpdesk.com/real-estate-law/how-add-someone-your-deed-569716.html
Generally adding a spouse is a simple process. Who told you you need an attorney? Also, ANY question on law needs to include your general locale as laws vary by area.