What Do I Need to Do to Get My Husband on the Title to My House?
Adding a spouse to a house title is a common desire. However, it can be a complicated process depending on the state laws and mortgages involved. Consult an attorney before attempting the process alone. Research each avenue thoroughly to prevent financial hardships as a result of the change.
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Bank
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When there is a mortgage on the house, the lender will need to be contacted before any title change is pursued. Find out if there is a “due on sale” clause in your mortgage which can trigger a full payment of the entire loan when any ownership changes are made—even if it’s only adding a person to the title.
Title Insurance
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Check with the title company that handled the title insurance for your house. Depending on the policy, adding an owner to the title may nullify the title insurance. In some cases a rider may be purchased to avoid such complications.
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Evaluate the Risks
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Adding anyone to the title adds the possibility of higher property taxes in some states, as any ownership change gives tax assessors the right to reevaluate the property’s value. Consult your local laws on this issue. If the spouse that is being added to the title has any unpaid debts or bad credit, the house will be considered an asset and may be at risk. Once a spouse is added to the title he will have rights to use it as collateral, remodel it, or sell it.
Final Steps
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Prepare a quitclaim deed with an attorney that will give the spouse co-ownership rights. Prepare an affidavit proving you are married. Visit the county court to submit the deed and affidavit. If mortgages or other risks hinder the process of adding the spouse to the title, consider drafting a legal will or trust that transfers the deed to the spouse upon death.
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References
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