How can I have my wife's name added to the deed of our house if her name wasn't on the loan?

Asked about 5 years ago - Hurricane, WV

Due to past problems of ex husband my wife's name had to be taken off the loan application to get it approved. I would like her name added to the deed if possible.

Attorney answers (2)

  1. L. Maxwell Taylor

    Contributor Level 20

    Answered . I am not licensed to practice law in West Virginia so the following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds West Virginia licensure.

    Your mortgage probably requires the lender's approval to convey property. Adding your wife's name to the deed is conveying to her an interest in the property, so you need to get the lender's permission to do this.

    Tell your lender that you want to add your wife's name to the deed and that she wants to be on the mortgage. They will tell you what their requirements are for adding her to the mortgage. Once she is on the mortgage, it is a simple matter of preparing the deed that includes her name and filing it in the land records.

    Good luck.

  2. Ronald Anthony Sarno

    Contributor Level 20

    Answered . I agree with the response from Attorney Taylor. However you did not provide further information about your wife's financial problems with her ex. It sounds like there might be marital money judgments some of which may still exist against her. Putting her name on the deed if these judgments still exist, would put these same judgments against your property. There has to be a thorough judgment search on her BEFORE you do anything. The reasons she could not be put on the deed the first time may still exist. If she now has a court order that these debts are no longer hers, that resolves the issue. Please check this out before doing anything about adding her name to the deed of the property.
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    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

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