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Commonly Asked Questions about Husband and Wife to Individual Deeds

One of the most commonly asked questions in marital property transactions is how title should be held between husband and wife. Traditionally, joint tenancy form was favored because of the ease of title transfer at death. However, as discussed below, title transfer at death can be as easy in community property form.
Adding your spouses name to the title of your house can provide shared ownership and equal rights, but it also comes with financial and legal implications. Ultimately, the decision should be based on your individual circumstances and whats best for you and your spouse in the long run.
Spouses typically acquire title as tenants by the entireties, which only applies to spouses. Sometimes you will see a couple who acquired the property before marriage. In some states, a pre-marital joint tenancy automatically becomes tenants by the entireties upon marriage.
You own your home either all or part of it if your name is on a legal document called the title deeds. It might be owned: by one of you which means its in one of your names. jointly, by both of you there are different forms of joint ownership.
If you are married or in a civil partnership If you are married/in a civil partnership and are not on the mortgage, you can apply for a Matrimonial Homes Rights Notice. This will give you some occupation rights but will not provide you with any ownership rights.
A In order to make your partner a joint owner you will need to add his name at the Land Registry, for which there is a fee of 280 (assuming you transfer half the house to him). You wont, however, have to pay capital gains tax, as gifts between civil partners (and spouses) are tax free.
If you have a mortgage on the property you will need the lenders consent before you can add someone else to the property deeds. The new owner will become equally liable for the mortgage repayments once the transfer takes place.
Regardless of what the situation might be, we always recommend that both names should go on the title to ensure that both individuals are equal owners of the property.