QUESTION

how to add a person to a home deed?

Asked on Aug 14th, 2020 on Estate Planning - Georgia
More details to this question:
need to ad wife to deed.
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2 ANSWERS

Wills Attorney serving Alpharetta, GA
4 Awards
To answer your specific question: to add a new owner to a deed, the existing owner has to execute a new deed that transfers the property to himself and the new owner, either as tenants in common (which will NOT cause the property to transfer automatically to the surviving owner if one owner dies) or joint tenants with rights of survivorship (which WILL cause the property to transfer automatically to the surviving owner if one owner dies). After the new deed is signed by the existing owner, witnessed, and notarized, it has to be recorded with the Superior Court for the county where the property is located. To mention some additional and very important things: Ideally, you should NOT use a quit claim deed to make this transfer; instead, a Limited Warranty or Warranty Deed is likely better. A quit claim deed may cause you to lose the benefit of title insurance you might have purchased. And please note: preparing a deed is NOT a good do-it-yourself project. Any mistakes can cause the transfer to go wrong, which can lead to you having title problems that could make it difficult or nearly impossible for you to sell the property or refinance it in the future. Get a real estate attorney to prepare the proper deed. And please consider consulting an estate planning attorney to make sure that adding your wife to the deed is actually what you want to do. You will be making a gift to her when you do so, and you will not be able to simply take the property back. And if you do decide to proceed with the change, the decision regarding whether you and she will own the property as joint tenants or as tenants in common is a potentially big one. There are benefits and negatives to both forms. Best wishes to you.
Answered on Aug 17th, 2020 at 3:39 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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Wills Attorney serving Austin, TX
2 Awards
Have a Deed of Gift prepared and recorded by a local residential real estate lawyer.
Answered on Aug 15th, 2020 at 6:23 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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