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Do I have to add my name to the current house for my ownership or I have automatic ownership and how does quit claim deed work?

Franklin, TN |

My husband bought the house in 09-98, we married 10-00 and been paying house together since then and we refinanced 05 03 together and my name is on the mortgage loan since, but now found out my name is not on the title registered with the county, how does that affect my ownership of the house? do I have ownership? Can he sell the house without my permission and take the money for himself? We don't have any prenu or postno agreement,
Called the county, was told need a quit claim deed to add my name to the title. But when I try to make a quit claim deed on line, the guarantor info asks if he is a married and asking the spouse name, then the guarantee info asks the same, so if I fill those fields, both his name and my name will be on both guarantor and guarantee, how does it work?

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Attorney answers 1


It sounds like you are on the correct track. A quit claim deed from him as grantor to both you and him as grantee, if properly prepared, will create a tenant by the entirety estate which is what you need. It does require some special language and the "online forms" may not contain the language. You safest bet is to have a TN attorney prepare the deed. This should be a relatively inexpensive cost and will make sure you accomplish what you want.

This answer does not constitute legal advice nor form an attorney client relationship. I am not your lawyer. If you have a legal issue in Tennessee you may contact me for a free consult.

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