How to Add a Spouse or Partner to a Home Title After Closing

Adding a spouse or partner to a home title after closing can provide a sense of security and shared ownership. Whether you’re newly married or simply want to formalize your partner's stake in the property, the process is relatively straightforward but requires attention to detail to ensure it's done correctly. In this blog, we’ll break down the steps and legal requirements involved in adding your spouse or partner to your home’s title after closing.

Why Add a Spouse or Partner to the Title?

There are several reasons why someone might want to add their spouse or partner to a home title post-purchase:

• Shared Ownership: Adding your spouse or partner ensures that both parties have legal ownership of the property. 

• Inheritance Protection: In the event of a death, joint ownership can help avoid probate and allow the property to transfer seamlessly to the surviving spouse or partner.

• Financial Security: Being on the title can offer financial stability by ensuring both parties have an equal interest in the property.

The Process for Adding a Spouse or Partner to a Home Title

Here are the general steps to add your spouse or partner to the property title after the original purchase:

• Review Your Mortgage Agreement
  Before making any changes, it’s important to review your mortgage agreement. If you have an active mortgage on the property, you’ll need to check with your lender to see if there are any restrictions. Some lenders may require you to refinance or notify them before adding another person to the title. This step is crucial because failure to comply with your mortgage terms could lead to penalties or a default.
• Choose the Type of Ownership
  When adding someone to your property title, you’ll need to decide how you want to share ownership. Here are the most common options:
  • Joint Tenancy with Right of Survivorship (JTWROS): This type of ownership allows each party to own an undivided 100% interest in the property together, and if one owner passes away, the surviving owner assumes the other’s share. This avoids probate but may come with tax implications and only requires the filing of an affidavit to transfer to the surviving joint tenant.
  • Tenancy in Common: With this arrangement, both parties own a percentage of the property, but these shares don’t need to be equal. In this case, if one owner dies, their share doesn’t automatically go to the other owner but can be passed on to heirs.
    
    Your decision will depend on your personal and financial situation, so it’s wise to consult an attorney to ensure you choose the right form of ownership.

• Prepare a New Deed
  To add your spouse or partner to the title, you’ll need to prepare a new deed. The most common type is a Quit Claim Deed, which transfers ownership without warranties or guarantees. This is typically used when transferring property between family members or close parties. However, depending on your situation, you may opt for a Warranty Deed, which offers more protections and requires additional steps and costs.
  
  Your attorney can help draft the deed to ensure it is legally binding and complies with state and local regulations. If a deed is not drafted properly, ownership may not be transferred and could require corrective documents.
• Sign the New Deed in Front of a Notary
  Once the new deed is prepared, both you and if married, your spouse, will need to sign it. In Iowa, the deed signing must be done in the presence of a notary to make it legally enforceable.
• Record the New Deed with the County Recorder’s Office
  After signing, the new deed must be recorded with the county recorder’s office where the property is located. This step makes the title change official, public, and the county auditor will reflect the transfer. There will be a small filing fee associated with recording the deed, which varies by county. Once recorded, the deed becomes a part of public records, establishing the legal ownership of both parties.
• Update Your Homeowners Insurance and Property Tax Records
  Once the new deed is filed, it’s important to update your homeowners insurance and notify the local tax assessor of the ownership change. This will ensure that both parties are properly covered under your insurance policy and that property tax records are up to date.

Legal Requirements for Adding a Spouse or Partner to a Title

The legal requirements for adding someone to a home title may vary slightly depending on the state, but the general process is consistent. You will need:

• A new deed (Quit Claim or Warranty)
• Signatures from existing titleholder(s) and any spouses, 
• Notarization of the deed
• Recording the deed with the county recorder's office

Additionally, if you’re adding your spouse or partner to a property with a mortgage, it’s essential to get approval from your lender first to avoid any complications. Depending on the lender, you may also need to refinance the loan to include your spouse or partner on the mortgage as well.

Conclusion

Adding a spouse or partner to a home title after closing is a common way to share ownership and protect your mutual interests in the property. The process involves a few key legal steps, from preparing a new deed to recording it with the county. By carefully following the necessary procedures and understanding the implications of different ownership types, you can ensure that your home is properly titled to reflect your shared ownership. Consulting a real estate attorney will help you navigate this process smoothly and ensure that all legal requirements are met.