As part of my divorce, I quit claimed my ownership of the house back to my husband and he was going to refinance to remove my name off mortgage. Because of the costs involved and time passing, (we are on good terms now) I want to put my name back on the deed in case something happens to him. He is OK with that, but do we need to list ourselves as single or does it matter? This is in the State of Oregon.
Matter to whom? The county may record whatever you're planning on doing (if done properly), but there may be tax, estate planning, and refinancing consequences that you should each discuss with your own attorney.
Licensed in Oregon. Advice provided is general legal information relevant to the facts provided. It is not intended as legal advice applicable to your specific situation. No attorney/client relationship is created unless and until we have met and entered into a written representation agreement.
I agree with the other attorney. the few hundred dollars it would cost to see and attorney and have the deed drawn up after discussion of all the ramifications is money well spent.
I am an attorney licensed in the state of Oregon. I am not your attorney and the information I provide is general information only and not intended to be legal advice for your particular matter. If you have legal issues that affect your legal and financial interests, contact an attorney directly who can help you. Use the AVVO find a lawyer tool. DO NOT post particular facts about your case online, including names, and other identifying information.
It is not necessary to show marital status. If you were married, you would take title automatically as tenants by the entirety, which has certain survivorship characteristics. As single people, if you take as John Doe and Jane Doe, you hold title as tenants in common, with no survivorship rights. You each would have an undivided one half interest.
If you specify joint tenants with right of survivorship, it would go to whichever of the two of you outlives the other.
I am surprised your ex-husband is agreeable to deeding an interest to you, as it prevents him from selling the property without your signature, and dilutes his ownership. However, if he is agreeable, it does benefit you.
However, as has been suggested by the other attorneys, there are possible gift tax and other issues which your question indicates you and he have not considered, and you should discuss the pros and cons and alternatives and consequences, as they affect your situation, with an attorney.
This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline