A deed or title is a legal document that describes a property and names its owner. To add a spouse to a deed you will need to complete the documentation for a new deed and provide a statement that you are married and want to add the spouse to the title of the property. Complete documents must be handed over to the appropriate state authorities, so that they are valid as a public document.
Steps
Step 1. Decide what type of act to use
- A deed of guarantee certifies that you are the current owner of the property in question and no one else can claim it, such as a mortgage lender or a third party who has mortgaged the property. This type of deed is usually used in the actual sale of a property.
- An ownership waiver allows you to add your spouse to the title of the property but does not guarantee that you are the absolute owner. By transferring the title in this way there is a risk of losing the property if a third party appears to claim it. Deeds of property waiver are most often used to add spouses and relatives.
- By adding the spouse to the title of the property with a deed of guarantee or waiver of the right of ownership, you are giving him part or all of the possession of the property in question.
Step 2. Complete the documentation
- You can find the documents for the deed at the regional archive office or from a real estate agent.
- You should also include a sworn written statement stating that you want to add the spouse to the title of the property.
Step 3. Register the documents at the notary
- Deliver the complete documents and pay the necessary commission.
- Give your spouse a copy of the paperwork.
Advice
- If the spouse appears in the will to receive the property, but it is not on the deed, after your death the property will first go into authentication, it will not automatically become the property of the spouse. It will take time and money.
- To avoid losing control of the property you would like your spouse to receive after your death, write in your will your desire to transfer it to your spouse rather than adding him or her to the title deed.
- A deed of guarantee is backed by a title insurance policy which compensates the buyer if a third party emerges who can claim the property as his own.
- Deeds of renunciation of the right of ownership can also be used for the transfer of assets during a divorce.
Warnings
- Adding the spouse to the deed gives him control over the property. Once added to the deed, the spouse can make mortgages on the property, demolish the structure and put it up for sale.
- In some cases, making changes to the title of the property by adding a spouse to the deed can lead to the mortgage lender requesting full repayment of the loan. This is specified in a clause of the mortgage agreement in the event of a sale or transfer of ownership.
