Thursday, December 31, 2009

Does a new spouse have to be put on the deed of a previously owned home?

Does the new spouse of a owner of a home HAVE to be put on the deed in Illinois? In other words, does the new spouse automatically own the home?Does a new spouse have to be put on the deed of a previously owned home?
Laws vary by state. But generally they will have an interest that needs to be clarified, either by a quitclaim deed or other documents recorded showing their interest being accounted for.





If not clarified, it will be a cloud on title, which is a bad thing when selling\buying property.Does a new spouse have to be put on the deed of a previously owned home?
Simple answer is no. A spouse (in most states) will acquire a marital interest, but not a title interest to the property, unless title is transferred (quit claim deed, etc). There are certain protections that come along with both of you being on title (in most states) so you may want to consider it. For example, in MO, if the property is owned by husband and wife as tenants by the entirety, a judgment against only one spouse does not attach as a lien to the property. Consult an attorney.
Actually, even in a community property state, you have no right to the home as is was brought into and not a product of the marriage. Your spouse bought, paid for and owns the home. If you divorce, he keeps it.
if you are in a dower state and you spend 1 night in the home as wed then no you do not have to be added as you now have joint tenancy with rights of survivor ship.

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