Mukwonago, WI asked in Real Estate Law for Wisconsin

Q: I am not on the title of our property even both me and my husband has signed the purchase contract as buyers.

I have just found out I am not on the title of our property and the warranty deed was transfered only to my husband, even both my and my husbands name are on the purchase contract as buyers and both me and my husband has signed all the purchase documents. The mortgage is only on my husbands name because he is the only working member of our family. I have contacted the real estate agent and then the title company, which advised me to ask my husband to sign a quit claim deed, but as our relationship, most likely he will refuse to do that. What would I have to do to put my name on the title?

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1 Lawyer Answer
Jason Anthony Greller
Jason Anthony Greller
  • Madison, WI
  • Licensed in Wisconsin

A: I can only speculate as to why you were not included on the title though I suspect it has to do with the loan though there would have been a way to include you on the title and the mortgage and not on the underlying note. Regardless, you are now in the position where you are not on the title. The best way to put you on title is with a Quitclaim Deed from your husband. I understand that he may be unwilling to do so. In that event, you should be somewhat protected if this is your principal residence as it is homestead property. The sale of homestead property will require your signature on the deed. In the event that your marriage is dissolved, if marital assets were used to purchase the property, then the real estate is marital property in which you have an interest.

Thomas B. Burton agrees with this answer

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