ProDoc Forums - Easiest way to add spouse to deed
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GM
USA
8 Posts |
 Posted - 08/05/2004 : 10:57:35 PM
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What is the easiest way to add a spouse's name to a deed? Property was purchased while married, with community funds; just for some reason only put one spouse as grantee and years later, now wants both names to appear on deed.
Was thinking about warranty deed from the one grantor to the two grantees with a recital that property was purchasd as community property and the purpose of deed was to add name of spouse.
Should I add an affidavit of marital status (Form 29-3) to insure the understanding that the property was community in case the deed is questioned at a later date?
Thanks in advance
GM |
Edited by - Patrick Mahoney on 12/08/2009 10:23:30 AM |
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vickerylaw
USA
14 Posts |
Posted - 08/10/2004 : 5:49:13 PM
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I have just had a situation where property was acquired during marriage but title was in H's name only. When the property was later sold, the title company was much harder to convince that it was community property than I anticipated. After this experience, I would encourage the change in record title from one spouse to both spouses by a conveyance from the one spouse to both spouses as a deed with the recital that it was community property from inception and that this step was being done to fully reflect ownership. It could be done as a separate deed or perhaps a "corrected" deed. The two documents would look virtually identical, so I don't think it really matters which of the two you would use. You could even have the second spouse sign the deed accepting and acknowledging the facts in the instrument, making it clear that it was community property.
quote:
[i]Originally posted by GM[/i]
[br]What is the easiest way to add a spouse's name to a deed? Property was purchased while married, with community funds; just for some reason only put one spouse as grantee and years later, now wants both names to appear on deed. Was thinking about warranty deed from the one grantor to the two grantees with a recital that property was purchasd as community property and the purpose of deed was to add name of spouse.
Should I add an affidavit of marital status (Form 29-3) to insure the understanding that the property was community in case the deed is questioned at a later date?
Thanks in advance
GM
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GM
USA
8 Posts |
Posted - 08/10/2004 : 6:00:53 PM
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Thanks for the reply.
GM |
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austinptnr
USA
1 Posts |
Posted - 09/10/2004 : 3:49:07 PM
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One way to handle this could be to do an antenuptial partition wherein it is stated that the particular property was intended to be community but if it was not, that the party whose name it has been in partitions it retrospectively to the original purchase date, placing all his/her separate interest if there ever was any into the community. This document could be accompanied by a gift deed into the joint names with both documents then being filed in the deed records of the county.
austinptnr |
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Easiest way to add spouse to deed
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