How to Add a Spouse to a House Deed: Complete Guide (2025)

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 allows you to transfer some or all of your property ownership to another person, most commonly a spouse or children. The simplest method is a quitclaim deed, which requires no title search or complex transaction.

Here's an overview of how a quitclaim deed works.

• Grantor and grantees: You're listed as the grantor, while you and your spouse become grantees.
• Property description: Include a legal description copied from your existing deed.
• Filing: Complete, sign, and file the deed with your county recorder's office.

Some states require an attorney to draft the deed, so check your local requirements.

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

Before adding your spouse to the deed, notify your mortgage company. Many mortgages include a "due on sale" clause requiring immediate loan repayment if ownership transfers.

On the bright side, transferring ownership to a spouse or children is one of nine exceptions to this clause. However, you should still review your mortgage agreement and inform your lender of the pending addition.

2. Have a conversation with your spouse

Adding your spouse to your deed is a significant financial decision. Consider these potential effects before moving forward.

• Shared ownership: The property becomes marital property and would likely be split in a divorce.
• Debt exposure: The property could be claimed to pay for your spouse's outstanding debts.
• Shared control:You'll need your spouse's approval to sell the property or make major improvements.
• Financial impact:It may affect your ability to refinance, obtain a reverse mortgage, qualify for Medicaid, or secure other loans.
• Tax exemptions:You may lose eligibility for exemptions like the homestead exemption, potentially increasing 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

Next, you can obtain a quitclaim deed form from the county recorder's office where the property is located. This simple, inexpensive form transfers some or all of your property interest to another person.

While a lawyer isn't required, an experienced estate planning attorney can help if you have questions.

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

After completing the quitclaim deed form, get it notarized. The deed isn't valid until signed before a notary public with their seal added. In some locations, your spouse must also sign, so make sure to check with the county recorder's office or look for a signature space on the form.

You may also need to sign and notarize a spousal affidavit, which confirms you're a married couple.

5. Submit your quitclaim deed

Lastly, submit your signed and notarized quitclaim deed to the county recorder's office. Once recorded, the new ownership status is complete.

At the time of recording, you'll need to pay filing fees and property taxes.

• Filing fee: Typically under $50 in most states (rarely exceeds $100)
• Reassessed property taxes: Based on the change in ownership

However, costs vary by county and state, so be sure to check in advance.

How to transfer property in a will

You can also transfer property ownership through your will by listing your spouse as a beneficiary. However, after your death, the will must go through probate—the legal process of validating the will and carrying out its provisions.

What are the benefits of using a will?

A will allows you to clearly state how you want your property distributed, including real estate. In most cases, your wishes are followed unless outstanding debts must be paid or an executor acts improperly.

What are the risks of using a will?

The probate process isn't always a negative experience, but it may present a few drawbacks.

• Time and cost: Probate can take many months and involves court fees and probate attorney costs.
• Public record: Your will becomes publicly accessible, raising privacy concerns.
• Debt liability: The property may be used to pay off your outstanding debts before transfer.

For these reasons, adding your spouse to the deed is typically simpler and less expensive than transferring property through a will. Nonetheless, it's best to consult an attorney to understand which option is best for you and your spouse.

How is property transferred after death without a will?

If you die without a will, your assets are distributed according to your state's intestacy laws. "Intestate" simply means you died without a will, so the state determines asset distribution.

Many states require debt repayment before transferring assets to next of kin. Inheritance order typically follows: spouse, children, siblings, nieces and nephews, then cousins. This method generally isn't recommended ibecause assets are distributed by state law, not your wishes.

Alternatively, you can place your home in a trust and name your spouse as beneficiary. 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?

Adding your spouse's name to a real estate deed can trigger three types of tax consequences: capital gains taxes, gift taxes, and changes to available deductions.

Capital gains taxes

Capital gains tax is incurred when you sell a property. You'll pay tax on any profit between the time they acquired the property and the time of sale.

For example, if you bought a home for $250,000, added your spouse to the deed, and later sold it for $350,000, you'd both pay capital gains tax on the $100,000 profit. Be aware that this liability could create financial strain for your spouse, especially after your death.

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

Adding your spouse to the deed may trigger federal gift tax, which applies to transfers of money or property with no charge or below full value.

Here are the 2024-2025 gift tax limits.

• Annual exclusion: $18,000 per person per year
• Lifetime exemption: $13.61 million
• Tax rate: 18% to 40% on amounts exceeding these limits

If half of your property's value exceeds $18,000, adding your spouse to the deed can trigger gift tax.

FAQs about adding a spouse's name to a deed

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

Yes, but you'll need your spouse's consent—you cannot unilaterally remove their name. If you're divorcing, the property becomes marital or community property that must be divided by agreement or court order.

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. Generally, 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 mortgage contract terms.