What is the proper wording for adding a new spouse on a Quitclaim? |
Answer
It cannot be done with a quit claim. The quit claim document is for relinquishing any and all rights in a property without even claiming that there were any prior rights. A quit claim will never put someone on title. It can only take someone off title.
Other types of deeds will work. Legally the transfer is not all that different from a sale where the present owner is selling part of the property to the spouse. Alternatively a trust can be used where the property is put into trust the beneficial interest can be set up so both parties have an interest. You do not need to split the ownership 50/50 and there are many good reasons not to do so (tax, liability, children from a prior marriage).
Different types of tenancy (joint tenants with rights of survivorship, tenants in common, etc.) should be explored prior to filing a deed if you use a deed without a trust.
In order to not cause a headache down the line an attorney or title company should be consulted to make sure that your deed meets state requirements prior to filing.
If you get it wrong the cost later can be quite high so do consider getting competent legal advice that is specific for your location. Some states in the US allow for a transfer between spouses or to a trust with no transfer taxes. Check the details first.
Another Answer (from Glendaleatty)
I disagree with the above answer in its entirety. A quit claim deed can be used to convey property between unrelated or related parties, just as any other deed. In the state of WA, a quit claim deed will work just fine to add a spouse to title. However, being a community property state, the property is already owned by both spouses absent a written agreement to the contrary, so a quit claim deed in a community property state is just technical. The wording of a WA quit claim deed for making community property would be as followed:
THE GRANTOR, Eyeman Example, for and in consideration of Creation of Community Property, conveys and quit-claims to Eyeman and Eufora Example, husband and wife, and the marital community composed thereof, the following described real estate, situated in the county of Nita, State of Washington, together with all after acquired title of the grantor therein:
(complete legal description and parcel no. of property goes here)
Dated: (Today's date)
_________________________ Eyeman Example
State of Washington ) ) ss County of Nita )
I certify that I know or have satisfactory evidence that Eyeman Example is the person who appeared before me, and said person acknowledged that he signed this instrument, and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in this instrument.
____________________________ Notary Public
First answer by Wutzyerproblem. Last edit by Glendaleatty. Contributor trust: 6 [recommend contributor]. Question popularity: 18 [recommend question]
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