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If the couple acquired as community property, they are joint owners and both must sign at closing. If they occupy the property then they also have to both sign because it is their homestead. Some owners will offer their prenuptial agreement for justification for why their spouse is not required to sign.
If you've recently married and already own a home or other real estate, you may want to add your new spouse to the deed for your property so the two of you own it jointly. To add a spouse to a deed, all you have to do is literally fill out, sign and record a new deed in your county recorder's office.
Deed of Trust to Secure Assumption In this document, the spouse responsible for the mortgage assumes the payment of the mortgage. The spouse who does not get the house becomes the beneficiary, which leads us to asking, what happens if the spouse who gets the house doesn't make the mortgage payments?
A Deed of Trust to Secure Assumption and an Assumption Deed are commonly used in divorce cases where one spouse is awarded the real estate property and agrees to take over the loan. The Assumption Deed transfers the property and the Deed of Trust to Secure Assumption secures the promise to pay the mortgage.
A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.