How to add your spouse to the deed
Adding your spouse takes a single deed from you to both of you. The paperwork is easy. The decision that actually matters is the one line most people skip. How the two of you'll hold title, which determines what happens when one of you dies.
The four steps
- Get the current deedYou need the legal description exactly as recorded. Your county recorder can supply a copy if you can't find yours.
- Choose how you'll hold titleThis is the real decision. See below. Get it wrong and your spouse may not automatically inherit your share.
- Prepare a quitclaim deedFrom you, to you and your spouse, with the vesting language you chose. You're both grantor and grantee, which is normal and correct.
- Notarize and recordSign in front of a notary and file with the county. Transfers between spouses are exempt from transfer tax in nearly every state.
The decision that actually matters
| Vesting | When one of you dies |
|---|---|
| Tenants in common | Your half goes to your heirs under your will. not automatically to your spouse. Probate. |
| Joint tenants with right of survivorship | Your spouse takes the whole property automatically. No probate. |
| Tenancy by the entirety | Same as above, plus protection from one spouse's creditors. Married couples only, and only where the state allows it. |
| Community property with right of survivorship | Automatic transfer plus a full step-up in basis on the entire property. Usually the best choice where it is available. |
Survivorship is not implied
A deed to a married couple that says nothing more creates a tenancy in common in many states. If you want the survivor to take the whole property automatically, the words have to be on the deed. More on vesting.
Things worth knowing first
- Your mortgage doesn't change. Your spouse becomes an owner, not a borrower. Federal law prevents a lender from calling the loan due for a transfer to a spouse.
- It is a gift for tax purposes, but the unlimited marital deduction means there is no gift tax between US-citizen spouses.
- Check your homestead exemption. Most states preserve it on a spousal transfer, but a few require you to re-file.
- Tell your insurer. An unlisted owner may not be covered after a loss.
- Prenuptial and postnuptial agreements can be affected by retitling the home. If you have one, read it first.
$39. We only show the vestings your state actually allows for a married couple, and explain what each does at death.
Common questions
No. The Garn-St Germain Act bars a lender from enforcing a due-on-sale clause when a borrower transfers a home to a spouse. Telling the servicer afterwards is courteous and keeps the escrow records straight, but their consent is not required.
No. Ownership and debt are separate. They become an owner but not a borrower, so they have no personal liability on the loan, though if it defaults, the foreclosure takes the property they now co-own.
Between US-citizen spouses, no gift tax applies thanks to the unlimited marital deduction. Most states also exempt spousal transfers from transfer tax. If your spouse is not a US citizen the rules are different and worth a call to a tax adviser.
Usually yes if you want them to own the home and inherit it automatically. Think twice if you have children from a previous relationship you want to inherit your share, if you're in a state where it would waive an inheritance protection, or if you brought the property into the marriage and a prenup addresses it.
Keep reading
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.