Add a Spouse's Name to Titled Property & Accounts

Text Size:


Lawyers.comsm

If you get married and you decide that you want to contribute or change your separate or non-marital property to community or marital property, you should have the title to the property changed. If the title to any titled asset is in your name, you can add your spouse's name to the title.

Types of Titled Assets

Titled assets include such items as:

  • Real estate
  • Vehicles
  • Bank accounts
  • Investment accounts

For real estate, the title of the property has to be changed by adding the new spouse to the deed. That can usually be done by filing a quitclaim deed and an affidavit at the Recorder of Deeds Office in the county where the property is located. The affidavit should state that you are married to your new spouse and that you want the new spouse's name added to the deed as a co-owner. However, you should be careful about doing this because changing the name on a mortgaged asset could cause the mortgage to become due. So, check with your lender first to see if there are any undesirable consequences to making the change. Also, it's always good to speak to an attorney about this because the laws about changing title vary from state to state, and an attorney can prepare the necessary documents.

You can also add your spouse's name to a vehicle title by filing the name of an additional owner with your state's Department of Motor Vehicles. However, you should check with your lender first to see if there are any adverse consequences to changing the record title on the car.

Bank accounts are easily changed at the bank. You should go to your bank and inform the bank representative that you would like your spouse added as a joint tenant with right of survivorship on your accounts. That way, if you or your spouse dies, the surviving spouse becomes the sole owner of the account. One caution about adding your new spouse to your accounts involves court judgments. If your new spouse has a judgment against her or him, adding your new spouse to your accounts may subject the account to garnishment by the holder of the judgment if your new spouse fails to pay off the judgment.

Investment accounts are similar to bank accounts. You should inform the investment company that you would like to add your spouse's name to your accounts as co-owner. The company should provide you with a form to fill out in order to accomplish that.

Change of Ownership

Remember that adding your new spouse's name to the titles of your assets changes the ownership of those assets. You should only take these steps after talking this matter over with your spouse and perhaps reaching an agreement that your new spouse will also re-title his or her assets in both of your names to reflect ownership as husband and wife. Another important point to consider is that in the event of a divorce, these assets will be considered community property or marital property, and they will be divided between the spouses. So, give this some thought and consult an attorney before changing the title on your property.

Questions for Your Attorney

  • How do I change the title on my assets?
  • What kinds of property are titled assets?
  • Are there any undesirable consequences to adding my new spouse to the title of my property?
  • Related Resources on Lawyers.com
    - Getting Married and Keeping Separate Property
    - Creating Marital Property
    - Family Law articles and information
    - Selecting a Family Law lawyer
    - Find a Family Law attorney in your area
    - Visit our General Family Law Message Board for more help

    Terms & Conditions    Privacy    Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.