How do I get my name on the title to a home that my husband bought prior to our marriage?
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How do I get my name on the title to a home that my husband bought prior to our marriage?
My husband bought a house 2 years before the marriage. Since then, we both have contributed paying to the mortgage, now for almost 5 years. House will be paid in 23 year but if something happens to us, I want my son to have the same rights his daughter has now.
Asked on September 27, 2011 under Real Estate Law, New Jersey
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have been married to your husband where he purchased real property (your home) in his name before you were married where there was a mortgage (trust deed) recorded upon it to secure the promissory not for the loand to acquire it and the loan has been paid down during your marriage from monies earned during your marriage, you have an ownership interest in this home under your state's laws concerning marriage.
The easiest way to have your name placed on legal title to your home is to have him sign a grant deed to you of an interest in it and have it recorded in the county recorder's office in the county where the home is located. You and your husband should first consult with an attorney experienced in real property and estate planning as to how the grant deed should be drafted as tenant in common, joint tenancy, or as community property with the right of survivorship in that such "title" could have an impact later on for property transfer after one ofyou passes and for estate tax considerations.
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