If our home is in my husband's name only purchased 1 year before we married, how do we put the house in my name too?

Question

My husband bought our house back in 2008, one year before we married. It's in his name only. We have no children together, but my husband has a grown son from a previous marriage. And my three children live in the home with us. What do we need to do to make sure the house goes to me if my husband were to pass away? My husband has no will.

James Frederick · Answer

It is easy to add your name with a quit claim deed. You should put some estate planning in place to clarify things for both of you. Otherwise, your situation could be pretty complex, if something happened.

Roman Aminov · Answer

You have a few options including a will, trust, or a deed transfer. You should discuss this with an attorney and prepare a proper estate plan which can save you much money and aggravation in the future.

Richard Keyes · Answer

Your husband can quit claim the real estate into joint names with you.  In Missouri, you want to take it as tenancy by the entirety, between husband and wife.  This affords protection from creditors.  Get the deed from when your husband purchased the property.  This will have the legal description on it.  Have your husband make an appointment with an attorney and take the deed with him when he sees the attorney.

Victor Waid · Answer

Your husband could grant deed the house from himself to yourself as joint tenants. You are strongly advised to seek legal counsel before he has the above document prepared and recorded, as there are long term effects and you have a blended family that may be  legally affected by said action of husband.

Glenn Wall · Answer

Your husband can execute and record a new deed transferring the house from himself to himself and you as joint tenants with right of survivorship. This type of ownership insures that if he passes first, the house will automatically become yours.

Michael McFarland · Answer

A quitclaim deed from him, as grantor, to the two of you as husband and wife, as grantees should do the trick.  Use an attorney or title company to make sure it's filled out correctly and recorded.  And both of you get wills!

Richard Blasco · Answer

You need to have a deed prepared, executed and recorded by which your husband grants to your husband and you, title to the property.  You will need to consider: (i) whether to use a quitclaim or grant deed; and, (ii) whether or not you want to take title to the property as joint tenants, or tenants in common.

Brian Carter · Answer

First you should sit down with an attorney to have a will drafted for both you and your husband. Modifying the deed to be in both you and your husband's name is fairly easy and is a simple filing with the county recorder of deeds. There will likely be some recording fees but not transfer fees. The complication may be if there is a mortgage on the property and what the mortgage says regarding adding an additional party to the deed. In most instances you will probably have to take out and qualify for a new mortgage, otherwise your husband will likely be defaulting under the mortgage. When you sit down with an attorney to get your wills done you can also ask about adding your name to the deed and what that will entail. Be sure to have a copy of the mortgage with you as that will control what steps are necessary.

Laura Deeter · Answer

There are several options. Your husband can execute a Will leaving the house to you. If he were to pass away, you would have to go through probate to transfer title of the house. Your husband can also execute a transfer upon death deed. The deed is very specific, and has to be recorded with the County Recorder. It would name you as the beneficiary to receive the house upon his death. It does not give you a present ownership interest, but it avoids having to go through probate. The last option is that your husband can sign a quitclaim deed transferring ownership of the property into both of your names. This gives each of you a present ownership interest.

Jonathan Shimberg · Answer

You need to have a deed transferring the home from him to you, if he is willing to sign it. If you do not and does have a will, you will end up with half of his estate. He can draw up a will leaving you the home He may not want to sign the deed because if he dies first his kids get nothing when you die. It may best to consult with an attorney as many issues can be dealt with in a proper estate plan.

Bernard H. Greenberg · Answer

Your husband can create a Will or your husband can add your name to the title on the property.

Brian Haggerty · Answer

He would make and record in the county records a deed to the two of you, as tenants by the entirety. In the situation you describe, with children from a prior marriage, your husband should do comprehensive estate planning and should have a will.

Davendra Kapoor · Answer

To achieve your goals, you should contact an experienced Real Estate and Estate Planning attorney (much like myself if you are located in the Metro-Detroit area) to draft the appropriate Deed to suit your needs.

Erven Nelson · Answer

First, the easiest thing would be for him to sign a deed from him to you and him as joint tenants in community property with right of survivorship. Then, the second to die would get the house. Even better, you should also consider having a trust, and having the house owned by the trust.

Christine James · Answer

A will or trust would work. A new deed adding you to the title would work.

Julie Mains · Answer

Seriously, with the fact that both of you have children from a previous marriage, you really need to do some estate planning. You should meet with an estate planning attorney or go on legal zoon and get two wills and a revocable living trust. The house should go into the Trust and stipulate who lives in it after the first spouse dies. It will not change the tax basis to put the home in a Trust. Please take the time to do this important planning. People plan their next vacation and do not plan their estate.

Brooke Ashton · Answer

You need to file a deed from your husband to both of you. There are 3 ways for you and your husband to hold the property: 1) Tenants in Common, 2) Joint Tenants, 3) Tenants by the entirety (if available in your state). If you are tenants in common, then, if your husband died, his portion of the house would be split between you and his son. If you are joint tenants with rights of survivorship, then the house would all go to you upon your husband's death. The deed is generally filed with the county recorder and it should be a relatively quick and inexpensive process.

Jayne Sebby · Answer

No matter how you deal with this matter, you and your husband both need wills, especially since you both have children. As for the property, either your husband can bequeath the house to you in his will or he can arrange to have your name put on the title as either joint tenants or tenants in common. The survivor in a joint tenancy automatically receives full title upon the death of the other owner. In tenants in common, each owner has the right to bequeath an undivided share of the property to anyone he or she chooses. Most people choose joint tenancy.

Mark T. Peters · Answer

The easiest way is for him to transfer it to him and you as husband and wife, with rights of survivorship. Of course, if you die first, that will do nothing for your children. You both may want to consider getting wills to address all of the situations.

James Maguire · Answer

Your husband (and you) should have wills. If your husband dies without a will, the house will go to his son. You and your children would have no ownership interest in the house, and your husband's son could evict you from the house.

Ben Liu · Answer

He can execute a deed to you and him as tenants by the entireties.

Kathleen Delacy · Answer

He can transfer the home into his and your name as tenants by the entirities.

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If our home is in my husband's name only purchased 1 year before we married, how do we put the house in my name too?

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