How canI deed my home to my son if I’m remarried?

I have home in OH in which my son is living in. I remarried and live in FL. The home is only in my prior name. Is it legal to just give the home to son without my new husband’s signature? If so, how do I proceed?

Asked on September 25, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Congratulations on your marriage!  What I understand from your question here is that the home in Ohio is yours from before you were married and as you said, it is in your name only.  Sothen it is considered separate property under the law, correct? Then all you have to do is to deed it over to your son.  I would consult with an attorney in Ohio as to the best type of deed that you can give to him and have recorded (there are many types) but I would also ask about the separate property issue to insure that there is no problem and I would consult with an accountant as to tax issues.  It may be best to place your son on the deed with rights of survivorship" rather than just to give it to him.  But your situation will govern that decision.  Good luck.


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