Adding spouse to real estate title

[dennisbau]

What is the name of your state? Maryland
I have a condo in Ocean City, Maryland in my name only. It was purchased several years before we were married. There is no mortgage and I wish to add my wife to the Deed or Title. How is this accomplished?

 

[FlyingRon]

You prepare a warranty deed with yourself as grantor and you and your wive, tenants by the entirety. There is almost certainly a form on the FORMS link at the top of all the FreeAdvice page. You have it notarized and then take it down to the courthouse (or whatever passes for a land records office in OC) and file it there. There's probably a small fee.

You should also update the info with the condo association.

Even if there were a mortgage, you do it the same way (but doing so would not obligate her to the mortgage).

 

[dennisbau]

Thanks for your reply. The form I found (Warranty deed from husband as grantor to husband and wife as grantees) seems to apply. Although it says "joint tenants with rights of survivorship" as opposed to "tenants by the entirety". Same thing or different?

 

[fairisfair]

Thanks for your reply. The form I found (Warranty deed from husband as grantor to husband and wife as grantees) seems to apply. Although it says "joint tenants with rights of survivorship" as opposed to "tenants by the entirety". Same thing or different?

may I ask WHY you want to add her to the title?

 

[fairisfair]

Thanks for your reply. The form I found (Warranty deed from husband as grantor to husband and wife as grantees) seems to apply. Although it says "joint tenants with rights of survivorship" as opposed to "tenants by the entirety". Same thing or different?

and no it is not the same thing.

This should help you to understand a very important difference

http://www.thomasmoens.com/tenancy_by_the_entirety.htm

 

[dennisbau]

Would not adding my wife to the title make it easier to pass the condo to her when I'm deceased? We have a will which states that I leave all my property to her and vice versa. I don't know if the will is all that is necessary to pass real estate to her.
Thanks.

 

[fairisfair]

Would not adding my wife to the title make it easier to pass the condo to her when I'm deceased? We have a will which states that I leave all my property to her and vice versa. I don't know if the will is all that is necessary to pass real estate to her.
Thanks.

well, it will sure as heck make it easier in the event of a DIVORCE.

I would suggest that you contact an attorney who specializes in wills and estates, and that you keep in mind that no one can predict the future. but one can protect it.

 

[FlyingRon]

In Maryland you want tenants by the entirety. Actually, it's presumed to be that way for married people even if you don't explicitly write it in that state. But it never hurts to be precise.

As for whether you should or not. You are converting a separate property to marital property. Frankly, except for certain "been in the family for generations" type things, my philosophy is that if it's a marriage, it's a marriage and attempting to maintain separate property is sort of predisposing you to not considering the whole concept seriously.

If you however, want to keep it as separate property and let it transfer to you on death while being revocable in case of divorce, then you should use a will or a revocable (i.e. living) trust. As fair says, a lawyer is probably a good option if you're going to go that route.