Q: How to add my name to the deed of our house due to wife's health?
I need to add my name to the deed of our house, which is currently only in my wife's name, due to her current health situation. There are no liens or mortgages, and we have no disagreements about this decision. We do not have a will or estate plan, and we have not consulted a real estate attorney yet. What steps should we take to add my name to the deed, considering we might need to sell the house in the future?
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A:
To add your name to the deed of the house, you and your wife will need to execute a new deed that transfers part of her ownership to you. This can be done using a "quitclaim deed" or "deed of gift," which allows her to transfer ownership to you without a sale. The deed should be signed by your wife, notarized, and then recorded with the county or city clerk's office where the property is located.
Since there are no liens or mortgages on the property, the process should be straightforward. Once the deed is recorded, you will both legally own the property, and you’ll have the right to act on her behalf if needed, especially if she becomes incapacitated.
It’s also a good idea to consider making a durable power of attorney for your wife in case you need to manage her affairs in the future. Although it's not strictly necessary to consult a real estate attorney for this process, doing so can help ensure that everything is done correctly, especially if you anticipate selling the property later.
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