Q: How to add my name to the deed of my wife's house in DC?
I live in a house in Washington, DC, which is in my wife's name because she owned it prior to our marriage. We both agree on adding my name to the deed. There are no existing liens on the property. We are concerned about possible future circumstances in which my wife could become incapacitated and unable to act on her own behalf if we wish to sell the house. How do we legally put my name on the deed?
A: It’s a simple process of your wife executing a deed from herself to you and her as tenants by the entirety. Any real estate lawyer can draft the deed and record it for you. However, deeding the property alone will not address how either one of you may manage the property (sell or borrow against it) when the other becomes incapacitated. For that, you would each need to execute a financial power of attorney naming the other as your agent in compliance with the DC statute (fairly recently enacted and revised). A durable financial power of attorney is one of the four essential estate planning documents every person should have: a last will and testament, a durable financial POA, and healthcare POA, and an advance directive/living will. For some higher income and asset rich people, a revocable living trust may be preferable, but most people can manage nicely without a trust. Contact a lawyer to discuss these essential documents and what works best for your individual situation.
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