How to get husband's name on Deed

[LivinSc]

What is the name of your state? South Carolina

Hi: My husband and I, along with my sister are purchasing a home in South Carolina. We wrote the purchase contract in my name and my sister's name only because my husband travels and is not around to sign documents. Our closing attorney's office says there is no way to put my husband's name on the deed since it was not on the purhase contract. Is there a way to include his name on the deed?
Thanks.What is the name of your state?

[danno6925]

You could wait until after the deed is recorded and sell him an interest in the property for a dollar.

Grantees (sellers)
You and sister

Grantors
You, hubby and sister.


The only problem this would present would be if you wanted to hold title as joints tenants with rights of survivorship.

[seniorjudge]

Originally Posted by danno6925

You could wait until after the deed is recorded and sell him an interest in the property for a dollar.

Grantees (sellers)
You and sister

Grantors
You, hubby and sister.


The only problem this would present would be if you wanted to hold title as joints tenants with rights of survivorship.

Your lawyer doesn't know anything about real estate law.

I would modify danno's suggestion to this:

You have the grantor/grantee mixed up....

In the new deed (after the sale)

Grantors
You, hubby and sister and spouse if any

Grantees

You, hubby, and sister and spouse if any

Make sure you hold as joint tenants with your husband (or tenants by the entirety, whatever your state uses)

Then make sure you make it clear what happens if sister dies.

Joint tenancy with sister: you get the place when she dies.

Tenants in common: sis's heirs get the place when she dies.


You need to find a different lawyer to do this.


danno, GRANTOR is the seller; GRANTEE is the buyer.

[JETX]

And of course, ALL of the other answers are wrong.. if you have a mortgage.
Read the mortgage documents. You will likely see that you cannot change ownership without triggering a 'call clause' on the mortgage demanding payment in full.

[seniorjudge]

Originally Posted by JETX

And of course, ALL of the other answers are wrong.. if you have a mortgage.
Read the mortgage documents. You will likely see that you cannot change ownership without triggering a 'call clause' on the mortgage demanding payment in full.

Absolutely true...except I answered on the basis of the poster's question, which never mentioned a mortgage.

[danno6925]

D'oh!

Dang liysdexia again...



JET:
I thought the alienation clause would only be triggered if someone were to sell off their portion of the property, not add someone to title.

[4Labs]

Originally Posted by LivinSc

What is the name of your state? South Carolina

Hi: My husband and I, along with my sister are purchasing a home in South Carolina. We wrote the purchase contract in my name and my sister's name only because my husband travels and is not around to sign documents. Our closing attorney's office says there is no way to put my husband's name on the deed since it was not on the purhase contract. Is there a way to include his name on the deed?
Thanks.What is the name of your state?

I have a similar situation on a cash sale I am currently handling as the selling agent. Escrow has been instructed to prepare 2 deeds. One from the seller to the buyer on the sales contract and one from the buyer to the other parties that want to be on title with her. The Deed from the seller to the buyer records first, then the deed from the buyer to the other people who want to be on title gets recorded second. Trust me, there is a way.

[seniorjudge]

Originally Posted by danno6925

D'oh!

Dang liysdexia again...



JET:
I thought the alienation clause would only be triggered if someone were to sell off their portion of the property, not add someone to title.

It depends (obviously) on the language in the encumbrance.

What the poster is describing here could very well be termed a "sale" by lender.

[moburkes]

Originally Posted by LivinSc

What is the name of your state? South Carolina

Hi: My husband and I, along with my sister are purchasing a home in South Carolina. We wrote the purchase contract in my name and my sister's name only because my husband travels and is not around to sign documents. Our closing attorney's office says there is no way to put my husband's name on the deed since it was not on the purhase contract. Is there a way to include his name on the deed?
Thanks.What is the name of your state?

And, your husband traveling a lot would not stop a deal. There are notaries in all 50 states.

[danno6925]

Why not play the same game as the attorney and demand an addendum adding the hubby to the contract? It's been done before.

[Ozark_Sophist]

Danno6925 has it right; draft an addendum to the purchase contract and have all parties sign. Protects the mortgage (if any) and reduces costs of new deeds, filing costs, etc.