Making SO co-owner

[pkroger]

Does anyone know the general procedure for adding your spouse as co-owner of your house? I live in California, but I assume the procedure is basically the same in other states.

 

Thanks for the info.

 

Peter

[tywy_99]

The deed to your home will need to be rewritten and recorded to reflect your wife's name, and yours.

Talk to your real estate attorney or your title company for the details.

Even if your wife isn't a co-signer on the loan for the house (if there is one), her name can still be added to the deed.

[cosmiclobster]

CA is one of 9 community property states. Anything you buy after marriage is owned 50/50. But because you owned the property before you got married, the property will remain in your name alone, as your seperate property. You as the owner would have to write a grant deed to her for 1/2 interest in the property and have it recorded at the county recorders office. The county recorder would record the property title as joint tenants and as such you would both enjoy the right of survivorship.

 

If your relationship goes south in a few years, she can either file a quit claim deed releasing 100% of her interest in the property or you can buy her 1/2 of the property for whatever you can agree upon.

 

Don, OR is not a community proprty state so your laws are different.

[Tom]

I added my wife as co-owner when I refinanced.

[Guest ShaQuaNew]

Contact a real estate ATTORNEY in your area, probably one in your neighborhood, and for a very small fee they will take care of ALL the paperwork. As you don't appear to be refinancing, the matter should be quite straightforward. Your attorney will know exactly where to file everything. I realize that I'm in a forum where the "A" word is rather loathed, but I can assure you from personal experience that a Real Estate attorney is your best option. After all, a home if one of the most valuable assets many possess. Why not spend a few bucks and get it right.

[skibum]

Very simple here in Co. Just got a quit claim deed at the stationary store and filled it out. Took it to the court house and had it recorded.

 

Call your local court house and ask what you need to do. I bet they know better than we do.

[pkroger]

I actually found a paralegal to type up a "grant deed" for me. It needed to be notarized and signed by me and my wife. Cost (including notary) $65.00. There is an additional recording fee in California ($12.00).

 

Thanks everyone for all of the info.

[cosmiclobster]

I actually found a paralegal to type up a "grant deed" for me.  It needed to be notarized and signed by me and my wife.  Cost (including notary) $65.00.  There is an additional recording fee in California ($12.00).

 

Thanks everyone for all of the info.

159829[/snapback]

Being a licensed real estate agent in CA, I could have done that for you, but I would have had to charge ya!

There should have been some verbage about taking title to the property as "joint tenants". Without this, she has a financial interest in the property but not the right of possession! B)

[MRMC]

I actually found a paralegal to type up a "grant deed" for me.  It needed to be notarized and signed by me and my wife.  Cost (including notary) $65.00.  There is an additional recording fee in California ($12.00).

 

Thanks everyone for all of the info.

159829[/snapback]

Being a licensed real estate agent in CA, I could have done that for you, but I would have had to charge ya!

There should have been some verbage about taking title to the property as "joint tenants". Without this, she has a financial interest in the property but not the right of possession!

159877[/snapback]

You need to go to an attorney that specializes in real estate matters. How you title the home may be important in matters of estate planning, tort liability issues, etc. My advice is to go to an attorney, not a stationery store, paralegal, or real estate person. It may cost more now but could save you alot of trouble in the future.

[cosmiclobster]

In many states, like NY for example, ALL real estate transactions are finalized by attorneys. This is not the case in CA. A real estate office or a title company would be happy to explain your options and prepare the forms for a small fee.

Or, you can pay $$$ and have an attorney fill out the same papers.

 

EDIT: I should add that although a real estate agent can fill out and file the papers for you, they CANNOT give you advice on how to take title. I can explain the benefits and disadvantages of each way, but you have to make the decision. For me to recommend one way or another is beyond the legal realm of a real estate agents license as it gets into the practice of law. On the other hand, when you see a chart of the options with advantages and drawbacks, it isn't hard to see the one that best applies to your situation.

Edited October 18, 2005 by cosmiclobster (see edit history)

[obxtrainman]

I have been trying to set up an equity line over the last three weeks. It was all but finished. The person from my mortgage company said, ok, lets go over everthing. Name, address, marriage status. I said I am no longer single, I married in Jan. She said, I have to get back to you.

 

In a couple of days, she called me, informed me , since you are in North Carolina, your wife owns half of your house, she needs to sign. I told her about my wife being in China, never been here, and the feds haven't even approved my petition yet. She says, let me get back to you on that.

 

A couple of days goes by. You can have her sign over power of attorney to you. The lawyers say, she has to sign.

 

It doesn't make sence to me.

[cosmiclobster]

OBX: Looks like NC saved you the trouble of adding her name to the title!

 

Looks like CA as a community property state has more flexibility with ownership, even though the name would seem to sound otherwise! B)

 

I can see why you might not be happy about this - it would be nicer to add her name to the property after she was here at least!