How to Transfer a Deed to a Spouse

A new deed is required to make a spouse an owner.

Different events in life may make it necessary or desirable to transfer a deed to a spouse. A newly married couple may wish to have one spouse added as co-owner to a home purchased by the other spouse before the marriage. A married person entering into a risky business venture might want to protect the couple's home by transferring the deed to a spouse. The reasons for a deed transfer are many and varied, but the process for accomplishing it is as easy as preparing a new deed.

Instructions

1. Get a copy of the current deed to the real property. When the property was purchased, ownership was transferred by a deed. The original deed is given to the new owner after it has been recorded in the county in which the property is located. If you cannot find your copy, go to the county clerk or register of deeds to obtain a duplicate of the one on file.

2. Obtain a blank deed form. County clerk or register of deeds offices will have available any state or county forms, such as cover sheets or transfer tax returns, which must be filed with the new deed. Some offices will also have blank deeds available. Deed forms may also be purchased at business supply stores or obtained free at title insurance company websites.

3. Decide how title is going to be held. When title or ownership is to be in more than one person there are three ways in which it can be held -- tenants in common, joint tenants or tenants by the entirety. The primary difference in the three forms of ownership is how ownership is affected by the death of one of the owners. Property as tenants in common will pass to the heirs of a deceased owner, but not, necessarily, to the other tenant in common. The death of a joint owner or a tenant by the entirety will result in ownership automatically passing to the surviving owner.

4. Fill in the names and addresses of the parties on the new deed. The person who is the current owner of the property is listed first and is referred to as the "grantor." Below the grantor will be a space for the names of the persons to whom title is being transferred -- the "grantees." If the current owner is retaining an interest in the property, the grantees will be both spouses. One of the three forms of ownership -- tenants in common, joint tenants or tenants by the entirety -- will be listed after the grantees' names.

5. Add the description of the real property to the new deed. The description must be copied exactly as it appears in the old deed. The new deed will be rejected by the county recording office if the description is not the same as the deed currently on file.

6. Sign and record the new deed. The grantor must sign the new deed in front of a notary public who will place a notary seal on the document. Once signed, take the new deed to the county recording office to be recorded. After the recording fees are paid, the new deed will be recorded and returned to you.

Tips & Warnings

• The transfer of ownership of real property on which there is a mortgage may require the written consent of the lender before the recording a new deed.

• Deed transfers can have serious tax and and legal consequences. Seek advice from an attorney before recording a new deed.

References

• FindLaw: How Buying: Types of Home Ownership

Resources

• Chicago Title Insurance Company: Your Online Resource Center
• First American Title Insurance Compay: Forms & Documents: Deeds