After a wedding, if one spouse owns title to real property, he may want to add his spouse to the title as a co-owner. As with any property transfer, the owner of the property must have a new deed written and executed to add the wife to the title. According to Lawyers.com, the quitclaim deed is one of the most common means to add a spouse to the house title.
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Things you need
- Quitclaim deed
- Affidavit of transfer
- Legal description of property
Examine the title of your property to see if you need permission from the mortgage lender to add your wife to the house title. Lenders often have "acceleration clauses" that go into effect when certain actions, such as adding someone to the title, takes place. Your lender may waive this clause if you seek permission before the transfer. If the lender agrees to waive this clause, get it in writing.
Visit the property records office in the county where the property is located and ask for a blank quitclaim deed form and the "legal description" of your property.
Draft an affidavit that explains the circumstances of the transfer. An affidavit is simply a sworn statement. No specific form is required. In the document, explain that you are now married and want to make your spouse a co-owner. Do not sign the affidavit at this time.
Fill out the quitclaim deed. On the line reserved for the "granter," write your name. On the line reserved for the "grantee," write both your name and your wife's name. Writing only your spouse's name will transfer all of the title over to your wife. Write the legal description of the property on the space provided.
Bring the affidavit and the deed to a notary public. Sign the documents in the notary's presence and have him notarise them. Give the deed to your wife and return to the property records office. Ask for the deed to be "recorded." The office will file a copy of your deed and provide you with the original, stamped with a seal indicating that it has been filed.
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