There is a lot more information which is required to analyze the situation. There are basic questions that need to be answered... like why does your wife want to put your name on the deed? Does she intend on making a gift of a 1/2 interest in the property to you? Does she intend on giving you 1/2 of the equity in the property if you were to divorce? Is she looking for a means of transferring the property to you when she dies? If you divorce before she dies, then does she intend on giving you 1/2 the equity then? Do you have children together? Does she intend to have her children inherit her property? If your wife intends on allowing you to have the income from the property if she dies first, and she does want the property to go to her children after your death, is she willing to take a chance on your giving the property to your new girlfriend and her children never getting the benefit of her ownership? There are income tax laws, property tax laws, probate laws, gifting laws, and family law issues surrounding the transfer of property. Your wife should retain an attorney to discuss all these issues before making a decision on a transfer of an interest in property that is in her name and would like be her separate property. Should you have any questions or wish to discuss this matter further, please feel free to contact me.
Answered on Jul 09th, 2013 at 8:33 PM