How to Add a Spouse’s Name to a House Deed

If you’ve recently gotten married and already own a home, you may want to add your new spouse to the deed. If your spouse is not listed on the deed to your home, you may wish to add them and make them a joint owner. It's also possible to leave the house to them in a will, but this may not be the best option, depending on your circumstances.

Adding your spouse to your deed makes you joint tenants, which is a fancy way of saying that if you die, they become the sole owner of the home. This may allow them to skip probate, which can be a costly, drawn-out process.

How to make your spouse a joint owner of your house

The easiest way to make your spouse a joint owner of your home is to change ownership using a deed. 

There are several ownership options when it comes to adding a spouse to a deed, but the best choice in this situation is to create a joint tenancy with the right of survivorship. This means you and your spouse are both owners and if one of you dies, the other maintains complete ownership of the property without doing anything to transfer ownership. It passes automatically. 

Some states have the option of tenancy by the entirety, which is similar to joint tenancy with right of survivorship. The only difference is tenants by the entirety both legally own the entire property, instead of each theoretically owning half.

How do deed transfers work?

A deed transfer is a legal process that allows a property owner to transfer some or all of their ownership of that property to another person. Most often, a deed transfer is used to transfer ownership to a new spouse or to children.

The simplest way to add a spouse to a deed is through a quitclaim deed. 

This type of deed transfers whatever ownership rights you have so that you and your spouse now become joint owners. No title search or complex transaction is necessary. 

The deed will list you as the grantor and you and your spouse as grantees. The deed includes a legal description of the property, which you can copy from your existing deed. Complete the deed and sign it. File it in your country recorder's office. Your state may require that an attorney draft the deed for you.

How to add a spouse’s name to a house deed in 5 steps

Following the correct process of adding a new owner to your home’s deed can help ensure that you avoid any unwanted long-term outcomes. 

1. Notify your mortgage company

The first and most important step in adding your new spouse to your deed is notifying your mortgage company.

In many mortgage agreements, there is a “due on sale” clause. This clause is an insurance policy for the bank or mortgage holder that has loaned you money to secure your mortgage. The lender wants to ensure that they get their money back. As a guarantee, they include a “due on sale” clause. This means that if you sell or transfer all or part of your ownership of that property (and therefore the mortgage), then you must pay back the lender.

There are nine exceptions to the “due on sale” clause. One of the exceptions is if part or all of the ownership is being transferred to a spouse or children of the borrower.

Before adding your spouse to your deed, it’s important to read your mortgage to find out if it includes a “due on sale” clause and to notify your mortgage company of your pending addition.

2. Have a conversation  with your spouse

Adding your new spouse to your existing mortgage is a big financial decision. There are a few important effects to consider before taking the leap.

• You will no longer be the sole owner of this property. That becomes important if you and your spouse eventually get divorced. This property will now be considered marital property and will likely be split between both of you instead of retained solely by you.
• You will be exposed to your spouse’s debts. If your spouse becomes a partial owner of your property, that property could be claimed to pay for any outstanding debts your partner has.
• You will lose some control over the property. Once your spouse has been added to the deed, you share ownership with them and, therefore, must share all decisions about the property with them. You will not be able to sell it or make improvements without their buy-in.
• It can change your financial abilities. Adding your spouse to the deed can positively or negatively affect your ability to refinance, get a reverse mortgage, be eligible for Medicaid, or apply for other loans.
• You may lose tax exemptions. After adding your spouse to the deed, you may no longer be eligible for exemptions, such as the homestead exemption. This could increase your property tax bill significantly.

All of the potential financial changes are only possibilities. It’s important to discuss with your new spouse ahead of time what might happen once they’re added to the deed. You both should be aware of one another’s financial history. 

3. Get a quitclaim deed

If you and your partner have discussed the potential financial ramifications and have made the decision to add them to your deed, your next step will be to obtain a quitclaim deed form from the county recorder’s office. You’ll get this from the county where the property is located.

A quitclaim deed is a form that transfers some or all of your interest in a property to another person. The process is simple and inexpensive. While a lawyer is not required to navigate this process, if you feel uncertain about the ramifications or have questions, an experienced estate planning attorney can help guide you through the process.

The quitclaim deed will ask for:

• Your name
• The name of the person you are transferring some or all of ownership to
• A description of the property being transferred
• The ownership agreement between the two people

4. Sign the quitclaim deed and get it notarized

Once you’ve obtained the quitclaim deed form and filled it out, it’s time to get it notarized. Your quitclaim deed is not valid until it has been signed in front of a notary public and their notary seal has been added. 

In some places, your spouse will also need to sign the quitclaim deed. You can ask if this is necessary at the county recorder’s office when you pick up the form or base it on whether or not there’s a space for them to sign. 

In addition to the quitclaim deed, you may be required to sign and get notarized a spousal affidavit. This is a form stating that you both swear you are a married couple. 

5. Submit your quitclaim deed

Once your quitclaim deed has been signed and notarized, it can be submitted to the county recorder’s office. They will record the quitclaim deed and the new ownership status of your property is complete.

At the time your quitclaim deed is recorded, you will need to pay a filing fee and any reassessed property taxes based on the change in ownership. The filing fee should be minimal, under $100, with most states charging under $50. The cost will depend upon your county and state.

How to transfer property in a will

Another option when transferring ownership of property is to use your will. If you wish to leave your house to your spouse, you list them as a beneficiary and state that you are leaving the home to them. 

After your death, the will must go through probate, which is the legal process in which a will is validated and its provisions carried out. 

What are the benefits of using a will?

The biggest benefit to using a will for property transfer is that you get to state your wishes. Your will contains how you want your property to be distributed, including any real estate you own. This means that you can designate who you want to inherit your property. 

In most cases, unless there are extenuating circumstances, a will is followed, meaning your wishes are granted. The times when it’s not is due to outstanding debts or an executor who goes against your wishes.

What are the risks of using a will?

The probate process can take many months and there are fees associated with the process, as well as the cost of a probate attorney. When your will goes through the probate process, which is unavoidable, it becomes part of the public record. This can raise privacy concerns for some people. In addition to the process taking time, it can raise the risk of the property being used to pay off other debts that the deceased person had upon death.

Because of this, it is simpler and less expensive to simply add your spouse to your deed rather than waiting to pass ownership of the property through your will.

How is property transferred after death without a will?

If you die without a will, your assets, including your home, will be distributed to your heirs according to your state's intestacy laws. Intestate simply means that you died without a will, so the state bases asset distribution on its laws. 

Many state laws require debt repayment before assets can be transferred to the next of kin. Without a will, the property will be transferred to the closest family member. The order is generally spouse, children, siblings, nieces and nephews, then cousins. This method is not recommended because your assets are distributed according to state law specifies, not in accordance with your wishes. 

Another option is to place your home in a trust and name your spouse as the beneficiary of the trust. The trust will then transfer ownership of the home to your spouse. Trusts can be a convenient and secure way to transfer ownership of a home, but setting up the trust is more expensive than simply doing a deed transfer.

What are the tax consequences of adding a name to a deed?

When you add your partner’s name to a real estate deed, you each might incur tax consequences. 

Capital gains taxes

Capital gains tax is incurred at the time of the sale of a property. Property owners pay a tax on any profit between the time they acquired the property and the time of sale. 

For example, if you purchased a home for $250,000, added your spouse to the deed, and then sold the property for $350,000, you and your spouse would be required to pay capital gains tax on the $100,000 of profit or growth.

This payment of capital gains tax may be a surprise to your spouse or unaffordable. This might be especially true after your death. It’s important to be aware of this future cost when you add your spouse to the deed.

Possible deductions

There are multiple tax deductions that homeowners are eligible to take on their taxes. These property tax exemptions include real estate taxes and mortgage interest. By adding your spouse to your deed, they become eligible for these deductions. The specific ramifications of this will depend on whether you and your spouse choose to file your taxes jointly or separately. 

Gift taxes

If you add your spouse to your deed, you may trigger the gift tax.

A gift tax is a federal tax on the transfer of money and property from one person to another when there is no charge or a charge that’s less than the full value.

In the U.S., there are limits on gift taxes. In 2024, the IRS set the limit at $18,000 per year per person. Any gift above that limit counts towards a person's lifetime exemption limit. The 2024 lifetime exemption limit is $13.61 million. These limits will also apply in 2025.

If the annual or lifetime limit is surpassed, you will owe taxes on anything above those limits. The federal gift tax rate ranges between 18% and 40%. 

If half of your property is valued at more than $18,000, adding your spouse to the deed can trigger the gift tax. 

FAQs

Can you remove a spouse’s name from a deed?

The process of removing someone from the deed is similar to how to add a spouse to a deed. Where this might get tricky is that you’ll need the consent of your spouse. You cannot simply remove their name once it’s been added.

If you and your spouse are getting divorced and their name is on the deed, the property will be treated as marital or community property. You will need to agree with one another on how that property will be split between the two of you. 

What are the benefits of adding my spouse’s name to a home deed?

One of the major benefits of adding your spouse to the deed is that they will receive all the benefits of homeownership and, should you die, the property will automatically transfer to them. Probate will not be required. Adding your spouse to the deed gives them the same interest in the property as you.

Can you add a spouse’s name to a deed if you still have a mortgage?

Yes, you can add your spouse’s name to the deed even if you have a mortgage. Because the bank is a partial owner of the property (due to them lending you the money to purchase it) you will likely need to notify them of the addition or to get their permission, depending on your contract with them.