Q: Thank you, Mr. Canty. Wouldn't the fact that the names of both the husband and wife are on the title deed mean that the
wife would then have half interest in the home? Or because the husband purchased the home in his name only, does that mean that (despite the title deed listing both husband and wife as owners) the husband would have to deed an interest to his wife for her to actually have co-ownership regardless of her name appearing on the title deed?
A: Unless the vesting deed says otherwise, each is presumed a 50% owner. The contract language no longer matters as it is "merged" into the deed. Did he examine the deed prior to closing? Presumably, he wanted her on the title and requested the seller to grant the warranty deed to both of them. IF there was a mistake, he may be able to get a court to void her interest in the property. Otherwise, she has to quitclaim her interest back to him.
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