Adding Your Spouse to a Deed

Question: I bought a house when I was single and have since gotten married. I would like to add my spouse to the deed. I live in San Diego, CA. What form do I use? What steps do I take? I still have a mortgage on the house. Thanks.

Answer: Since you live in San Diego, I assume the subject property is in that location. If such is the case, a comprehensive answer must be from someone familiar with California real property law. This is particularly important with regard to property exemptions and tax consequences whenever property is transferred among related parties.

Since an existing deed is a title transfer document, there is no adding to or taking names from it. To transfer an interest in property, you must execute a new deed to the next owner. The conveyance may be for a full or partial interest. If the property cannot be physically divided, such as your home, a partial interest will be undivided and expressed as a percentage or fraction of the whole. For the mechanics of this transfer, note my comment (in a previous blog) about deeding your house to a relative.

Also please note my comment about assumption clauses that may permit or prohibit assuming an existing mortgage. Before deeding any interest in property encumbered by a mortgage, the Deed of Trust securing the obligation must be carefully scrutinized for any language that addresses title transfer and assumption. I also recommend that you consult your lender on this issue to determine if there are any additional requirements upon transfer such as credit checks, transfer fees or additional documentation. A provision that prohibits or limits assumption is known as a "due on sale" clause, which if disregarded may result in the lender calling the mortgage fully due and payable. Transfer of an interest to a spouse may be perfectly permissible, but even in that case the lender should be notified in advance.