bought house when single, now married. what happens if something happens 2 me? can i get his name on deed?

Question

i worry about this, but i don't know how to get him on the deed or whatever i need to do to so he can keep the house if something does happen 2 me.

Answer 1

Most married couples own real estate by what's known as "tenants by the etirety".

Tenants by the entirety provides for a common law right of survivorship. The property goes automatically to the surviving spouse. No Will, probate or other legal action is necessary. One spouse can not use a Will to leave an interest to someone else.

You need to speak with a title company or real estate attorney to make that happen. The fee will likely be less than $300 or so and then you will both be protected in case one of you passes away.

You can quit claim a 1/2 interest in the house to him with a do it yourself deed kit but do it yourself law has a nasty habit of creating more problems than it solves; especially if one of the participants dies and it's too late then to change anything.

Get it done right the first time and don't worry about it then.

Answer 2

Okay, you probably don't need to do anything.

Some states observe "dower" and "curtesy" rights, meaning that your spouse automatically owns a part of any real estate owned during the marriage anyway.

If you have a Will, you can leave the house to him, and if you don't, most states provide that the entire estate up to a pretty high amount goes to the spouse anyway.

You can get an attorney to draw up a deed from you to the two of you. You can probably find a "quit claim deed" form online or at an office supply store, but you might sleep better having someone that knows what they're doing take care of that.

I'd suggest you look into the laws of Intestacy (dying without a Will). Chances are good that he'd get the house anyway, so you don't really need to do anything.

Answer 3

Go to your county clerk, fill out a form and pay a small fee and his name is on the deed. It's simple. The fact that you are married puts him in a position to claim, after your death, that he contributed financially to the home therefore has rights to it. But I would put his name on the deed.

Answer 4

You have two options, you can refinance and get him on the loan and the deed. OR, depending on where you live, you could possibly see if an attorney can draw up what is know as a Quit Claim Deed and add him.

Answer 5

You could prepare and file a survivorship deed, your county office will probably tell you to contact an attorney, but I believe some of the stationary stores like Staples have kits.

In Ohio, these are two that pertain to your situation:

Survivorship Deed (R.C. 5302.17). This relatively recent statutory addition provides the language for the automatic transfer of title to the surviving grantee, often a spouse or a sibling, upon the death of the other grantee. This type of deed defines the interest obtained by grantees who become co-owners, who each immediately become owners of an undivided fractional interest during their lifetimes. On the death of each co-owner, his or her fractional interest passes by operation of law to the surviving co-owner(s), until the last to survive becomes the sole owner in fee simple.

Transfer on Death Deed. (R.C. 5302.22). This deed form was added to the statutory framework in August 2000. It provides the mechanism to name a beneficiary to “inherit” the property upon the death of the primary grantee. It is intended that this type of deed will provide for succession of ownership on the death of the primary grantee. To achieve the same result, the grantee would have either formed a trust to hold title to the property, providing for transfer at death, or provided for devise by will, through the probate process. This new Transfer on Death deed allows the owner to avoid the expenses of both formation of a trust, and probate. This type of deed differs significantly from the Survivorship Deed, in that the named beneficiary acquires no immediate interest in the property, and the beneficiary’s status may be revoked by the owner at any time during the owner’s lifetime without the consent (or knowledge) of the beneficiary. The beneficiary may be removed or replaced at any time during the owner’s lifetime, upon execution and recording of a new deed by the owner (original primary grantee).

You should also be able to add his name to your deed, but why? Not that you can't trust him but remember if you put his name on the deed to property you purchased and the marriage sours, he can fight you for the house...or at least a share in it!

Answer 6

If purely one individual's call is on the loan, then that individual has extra administration - although the different individual could combat it in court docket (costly and how long might it take?). If the two the daughter and BF names are on the loan, then you may purchase the different individual's interest to get that individual's call off of the checklist. challenge to approval with the aid of the lender. in the event that they can't agree on a cost or conform to sell to the different party, then they are able to bypass to court docket and the court docket would order the valuables to be professionally appraised and then offered. If somebody places an grant to purchase the valuables, then the GF and BF might in all probability settle for the possibility to journey that purchase grant. in the event that they can't journey it, then the sale might bypass with the aid of and the proceeds may well be divide between the GF and BF with the proportion of the proceeds as directed with the aid of the decide.

Answer 7

Easiest way is to quitclaim the property to the both of you as joint tenants, the best way would be to quitclaim the property into a revocable living trust (that way the house wouldn't need to go through probate if something were to happen to the both of you).

Answer 8

You have to get a new deed, or just change your will.

Answer 9

Don't put him on the deed! Just leave it to him in your will. If you ever split (I know, you're not planning on that, but be realistic!) you'll wish your name was the only one on the deed!

Answer 10

quick claim deed it.
http://www.nupplegal.com/quitclaimdeed.html
Best to maybe get a lawyer to do it.