Should both spouses be on the deed?

In California, all property bought during the marriage with income that was earned during the marriage is deemed "community property." The law implies that both spouses own this property equally, regardless of which name is on the title deed.

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Delaware Warranty Deed from Husband and Wife to an Individual

Delaware Warranty Deed from Husband and Wife to an Individual

Name: Delaware Warranty Deed from Husband and Wife to an Individual
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.88 (277 reviews)

Category:

Delaware Real Estate - Deeds - Warranty

State:

Delaware

Control #:

DE-018-78

Format:

Instant download

Description

This form is a Warranty Deed where the grantors are husband and wife and the grantee is an individual. Grantors convey and warrant the described property to grantee less and except all oil, gas and minerals, on and under the property owned by Grantor, if any, which are reserved by Grantor. This deed complies with all state statutory laws.

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FAQ

In California, all property bought during the marriage with income that was earned during the marriage is deemed "community property." The law implies that both spouses own this property equally, regardless of which name is on the title deed.

It's often easier to qualify for a joint mortgage, because both spouses can contribute income and assets to the application. However, if one spouse can qualify for a mortgage based on his own income and credit, the mortgage does not need to be in both spouses' names unless you live in a community property state.

In cases where a couple shares a home but only one spouse's name is on it, the home will not automatically pass to the surviving pass, if his or her name is not on the title.

The names on the mortgage show who's responsible for paying back the loan, while the title shows who owns the property. You can put your spouse on the title without putting them on the mortgage; this would mean that they share ownership of the home but aren't legally responsible for making mortgage payments.

Two of the most common ways to transfer property in a divorce are through an interspousal transfer deed or quitclaim deed. When spouses own property together, but then one spouse executes an interspousal transfer or a quitclaim deed, this is known as transmutation.

Joint Tenancy Two or more people, including spouses, may hold title to their jointly owned real estate as joint tenants. There is a so-called right of survivorship, which means that when one dies, the property automatically transfers to the survivor without the necessity of probating the estate.

California married couples generally have three options to take title to their community (vs separate) property real estate: community property, joint tenancy or Community Property with Right of Survivorship. The latter coming into play in California July of 2001.

If you live in a common-law state, you can keep your spouse's name off the title the document that says who owns the property.You can put your spouse on the title without putting them on the mortgage; this would mean that they share ownership of the home but aren't legally responsible for making mortgage payments.

Delaware Warranty Deed from Husband and Wife to an Individual

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FAQ

Should both spouses be on the deed?

Should a house be in both spouses names?

What happens to a house if the wife's name is not on the deed and the husband dies?

Can my wife be on the deed if not on the mortgage?

How do I sign my house over to my husband?

What does husband and wife mean on a deed?

How should married couples hold title?

Can spouse be on deed but not mortgage?

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Delaware Warranty Deed from Husband and Wife to an Individual

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