Do I need a lawyer to change my deed to my married name and add my husband?

Asked almost 5 years ago - Quincy, MA

I recently got married and would like to add my husband's name to my deed as well as update my last name to new married name. I was told that I could just modify my existing deed and change names from previous owner to my maiden name and then change buyer to my new married name and add husband?

Attorney answers (3)

  1. Christopher W. Vaughn-Martel

    Contributor Level 17

    Answered . Congratulations.

    You probably want to retain the services of an attorney to properly draft and record your new deed. Changing your name (if you didn't do it at the time you were married) will require you to bring a change-of-name petition with the probate and family court.

    Please feel free to contact my office if I can be of any assistance 617-357-4898.

  2. Daniel T Blake

    Contributor Level 10

    Answered . The facts are not clear from your statement so I do not know enough of your situation (and your question) to address your inquiry. For instance, what do you mean by "and change names from previous owner to my maiden name and then change buyer to my new married name and add husband."? You certainly should consult an attorney who can develop the facts with you and provide a specific answer.

    The following may partially address your concerns. First, to add anyone as an owner, your husband or anyone else, the owner (you) will need to sign a new deed. Second, in the new deed you are likely to be referred to by your current (married) name if you so choose, with a reference to the fact that you were "formerly" known by your maiden name. Third, if your house is mortgaged you should ask the attorney whether your transfer of an interest in deeded real estate will trigger a "due on sale" clause in the mortgage, and if so, whether you can get the consent of the bank to such transfer of interest.

    Most probably what you seek to will not be difficult, especially for any number of experience conveyancing attorneys, but you will need an attorney to avoid making any one of many possible mistakes in this matter.

    Good Luck

    Disclaimer - This response and the information contained herein are not intended to form an attorney-client relationship. The answer provided is based solely on the few facts presented in the question and represents at most a preliminary and hypothetical response. It is for informational purposes only and may not be considered as legal advice. For specific legal advice and recommendations about your particular situation, contact an attorney to schedule a consultation.

  3. Michael D. Gorman

    Pro

    Contributor Level 10

    Answered . Congrats on the wedding.

    You really can't modify a current deed. You could hire an attorney to property convey the property to add your husband on. The deed would make reference to your maiden name and convey the property to both you and your husband. You also would want to discuss the tenancy you would like, whether it be tenancy by the entirety or tenants in common.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,525 answers this week

3,394 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,525 answers this week

3,394 attorneys answering