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How should a quitclaim deed be written to transfer home ownership from a formerly single man to himself (married) and his wife?

Jacksonville, FL |

My husband owned a home prior to our marriage and wants to transfer it to both of our names. If we use a quitclaim deed to do this, how do we word the Grantor (the warranty deed names him as "a single man" - should the quitclaim read that way even though he is now married?) Also - is he the only one who has to sign, since he is the Grantor?

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Posted

The transfer of your husband's home to both of you as husband and wife is relatively simple. However, it is not the type of thing that you want to try as a do-it-yourself project. There are many traps for the unwary. For example, using a quit claim deed instead of a warranty deed for the transfer may void the title insurance coverage. Any transfer may violate the due on sale clause in your mortgage. There are also several other problems that you would not recognize but which would be apparent to an experienced real estate lawyer. There are some things that you can do by yourself, but this is something that you want to have done by an experienced real estate lawyer.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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Posted

The Grantor would be "Robert Jones, formerly a single man" to Robert Jones and Mary Jones, husband and wife, Grantees. Your husband would be the only one to sign since he is a grantee. You do not need an attorney for this. There are standard forms available. Just put in the legal description and have him execute it before two witnesses and a notary and record it at the courthouse. For the price I would put in "love and affection" since it is not a sale and maybe you won't have to pay the doc stamps. Best of Luck to you and thank you for contacting Waller & Mitchell.

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