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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Maine Warranty Deed - Husband and Wife to Individual

Maine Husband

Name: Maine Warranty Deed - Husband and Wife to Individual
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.84 (420 reviews)

Category:

Maine Real Estate - Deeds - Warranty

State:

Maine

Control #:

ME-SDEED-9-2

Format:

Instant download

Description

This form is a Warranty Deed where the Grantors are husband and wife and the Grantee is an indvidual. Grantor conveys and warrants the described property to Trustee of the Grantee. 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.

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.

Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.

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.

The only way to add or remove a name on a deed is to have a new deed recorded. Once a document is recorded, it cannot be altered. In order to protect your legal interests, we strongly suggest that you contact an attorney to have this done for you.

In states like California and Florida, the spouses may use a quitclaim deed to transfer the property without warranting title. Other stateslike Texasrecognize a similar type of deed called a deed without warranty.

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.

It is possible to be named on the title deed of a home without being on the mortgage. However, doing so assumes risks of ownership because the title is not free and clear of liens and possible other encumbrances. Free and clear means that no one else has rights to the title above the owner.

Yes you can. This is called a transfer of equity but you will need the permission of your lender. If you are not married or in a civil partnership you may wish to consider creating a deed of trust and a living together agreement which we can explain to you.

Maine Husband

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FAQ

Should both spouses be on the deed?

How do I add my spouse to my warranty deed?

How do you add someone to a warranty deed?

How do I sign my house over to my husband?

How do I add a name to a deed in Maine?

Can a spouse sign over a house?

Can you add spouse to deed but not mortgage?

Can you add someone to a deed without refinancing?

Can I add my partner to the deeds of my house?

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