If you are getting married and already own your own home, you may want to add your spouse to your home's title after you get married. If you do not do this and something happens to you, your spouse may not get to stay in the home unless you have a will stating you leave the home to them. Below is some information on how you can get this done.
File a Quit Claim Deed
You should consider filing a quit claim deed to add your spouse to the title. The rules for your quit claim deed depends on the state that you live in. In most cases, you will need to provide information, such as the address of your home, names of the grantor and grantee, and a statement from you saying you are agreeing to give up part of your deed to your spouse. You will also need a legal description of your property. This information needs to come from your survey or warranty deed.
You may want to get a signed affidavit to go along with your quit claim deed that shows you are agreeing to add your spouse to the title of your home. The affidavit is also proof that you were married during the time that the quit claim deed was signed and filed.
Accept, Notarize, and Record the Deed
Before your quit claim deed can be valid, your spouse has to accept that you have drawn it up to add their name to the home's title. The quit claim deed should be signed by both of you in front of a notary public or it will not be valid.
Generally, the clerk will need the original deed, as well as two photocopies of the quit claim deed. When everything is filed and official, a copy of the deed will be mailed to you and your spouse, and the original deed will be filed by the counter recorder's office.
All of this can become very confusing, which is why you should hire a real estate attorney from an office like Valentine & Valentine PC to help you. There are many rules that you will likely not know. For example, if you do not let your lender know that you are adding a new owner to the title, they could call your loan in. In some cases, the loan company will require that you refinance the loan to your home to add your spouse to the title.