My husband took out the mortgage on our current home and it is in his name only , do I need to have my name on it , what happens if he should surpass me , what are my legal problems?How do you add a spouse to the deed?
If he is in title and you are not, his property MAY have to pass thru probate before it can pass to you in some states. If you are in title as Husband and wife, tenants by the entirety with right of survivorship, the deed will pass to you without probate; the mortgage would still be your problem.
Any real estate lawyer can do a deed of gift adding you to the deed for probably less than 100 bucks and whatever the recording fees are.How do you add a spouse to the deed?
Use ';Quit Claim'; deed whereby your husband will grant his sole interest in property to you and him . So John Doe will grant his interest to John Doe and Jane Doe.
Your county will will charge you a nominal fee to record this. Your county may have a form to use or otherwise contact a title company or attorney to do this.
Note you will never be on the mortgage loan.
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