Use case

Adding a spouse to your property title

When you own property individually and want to add your spouse as a co-owner, a new deed is required to update the title. The type of deed and co-ownership structure you choose determines survivorship rights, estate planning implications, and what happens to the property in a divorce. Getting it right from the start avoids costly corrections later.

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Adding a Co-owner

Quitclaim Deed from Individual to Two Individuals in Joint Tenancy

Transfer property ownership to two individuals, establishing joint tenancy for right of survivorship in Ohio.

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Adding a Co-owner

Quitclaim Deed by Two Individuals to Husband and Wife

Ideal for transferring property between two individuals and a couple, this form solidifies ownership rights and can prevent future disputes.

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Why this matters

A deed is the only way to legally add someone to title

Verbal agreements or even a marriage certificate do not transfer a property interest. Only a properly executed and recorded deed adds your spouse’s name to the legal title.

The co-ownership structure determines what happens at death

Joint tenancy automatically passes the property to the surviving spouse without probate. Tenants in common allows each spouse’s share to pass through their estate. Choose intentionally.

Your lender may need to consent if there’s a mortgage

Most mortgages technically trigger their due-on-sale clause with any title transfer. Lenders rarely enforce it for spousal additions, but notify your lender and confirm their policy first.

How it works in 3 steps

Step 1
Choose your co-ownership structure
Decide between joint tenancy, tenants in common, or community property. Each has different estate planning and divorce implications.
Step 2
Prepare and complete the deed
Enter the legal property description, your name as current owner (grantor), and both names in the format required for your chosen ownership type.
Step 3
Sign, notarize, and record
Sign in front of a notary and record at the county recorder’s office. You may also need to file a Preliminary Change of Ownership Report in some states.

Notarization guidance

All deeds require notarization. In community property states, both spouses may need to sign to validate the transmutation of property from separate to community. Several states also require witnesses in addition to notarization: Connecticut (2 witnesses), Florida (2 witnesses), Georgia (2 witnesses), Louisiana (2 witnesses), and South Carolina (2 witnesses).

FAQs

Not legally — but it’s worth understanding the ownership type you’re choosing. Joint tenancy is generally best for married couples who want automatic survivorship. Community property provides significant income tax benefits at death.

Not sure which forms you need?

Search our full library of state-specific deeds for adding a co-owner — from quitclaim deeds and interspousal transfer deeds to community property deeds. Filter by state to see which deed type fits your ownership structure and state's property laws.

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Glossary of terms

Joint TenancyCo-ownership where all owners hold equal, undivided shares with the right of survivorship — the deceased owner’s share passes automatically to the survivor(s) without probate.
Tenants in CommonCo-ownership where each owner holds a defined share that passes through their estate at death — no automatic survivorship.
Community PropertyA marital property system in 9 states where most assets acquired during marriage are owned equally by both spouses. Provides a full step-up in cost basis at the first spouse’s death.
Interspousal Transfer DeedA deed used specifically between spouses to change the character of property ownership — e.g., from separate to community property, or sole ownership to joint tenancy.
Due-on-Sale ClauseA mortgage provision allowing the lender to demand full repayment if the property is transferred. Federal law limits enforcement for spousal transfers.

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