Property Q&A in Toms River>Question Details

Kevin4472, Other/Just Looking in Toms River, NJ

How and can i add my wifes name to the deed of my home in ocean county nj. There is no loan the house is free and clear.

Asked by Kevin4472, Toms River, NJ Wed Mar 3, 2010

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Kevin,

Hire a real estate attorney to prepare the proper legal documents (they will also nhave to be notarized),to include your wife as a co-owner of the property and make sure it is properly filed with the county clerks office. It should be relatively inexpensive.

Since you are not transferring ownership to your wife solely, but ADDING her to the ownership via deed, you do not file a Quit Claim deed. This type of deed transfers ownership of the property from you TO her.

<<A quitclaim deed is a term used to describe a document by which a person (the "grantor") disclaims any interest the grantor may have in a piece of real property and passes that claim to another person (the grantee. The most common use for a quitclaim deed is a divorce in which one party is granting the other full rights to, and eliminating any interest in, a property in which both parties held an interest. If a husband and wife own a home and divorce, and the wife acquires the home in the decree, the husband would enact a quitclaim deed to eliminate interest in the property. >>.

To add an additional named owner in a deed, you need to have someone prepare a new deed to be signed by the current owner (YOU), granting the property from the current owner (YOU) to you AND your wife. The attorney you hire to help do this will explain the different meanings of other words that can be used to describe the intent of your relationship (joint tenants, tenants by the entirety, joint tenants with right of survivorship, tenant for life estate, etc), as well as the risks in being named in the deed (tax liens, mortgages, premises liability, etc

Hope that helps.
1 vote Thank Flag Link Thu Mar 4, 2010
A Quitclaim Deed is used to convey an interest in real estate. A Quitclaim Deed does not include any promise or guarantee by the person making it (i.e. the Grantor) about the nature or quality of that interest, or even if any interest exists at all. This type of deed may be useful in cases where a party is unable to transfer a fee simple estate or make promises about the title. It is a great solution to get a spouse on or off a deed without hassle. You can contact an attorney to draw up the papers.

Camille Miller
0 votes Thank Flag Link Thu Mar 4, 2010
I am not an attorney, nor is this legal advice. With that being said, you can file a quit claim deed, transferring title from you to you and you wife. Follow the link below.

http://www.findlegalforms.com/product/new-jersey-quitclaim-deed/

Laura Giannotta
Keller Williams Atlantic Shore
0 votes Thank Flag Link Thu Mar 4, 2010
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