Legal Question in Real Estate Law in Indiana

Adding wifes name to deed

I have property with only my name on the deed. Can I use a Quitclaim deed to transfer the property to both myself and my wife?


Asked on 12/13/03, 6:37 pm

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Adding wifes name to deed

Yes, it would be fine to use a quitclaim deed to transfer real property from yourself alone to yourself and your wife. A quitclaim conveys only the title you own, so if you own everything, all will be transferred. If there are mortgages or other encumbrances, the quitclaim transfers your interest subject to those encumbrances.

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Answered on 12/14/03, 8:10 am
Mary Ann Wunder Wunder & Wunder

Re: Adding wifes name to deed

Be sure in your quitclaim deed to specify that you are "husband and wife", so that the title you take is by the entireties. You could also be joint tenants with rights of survivorship or tenants in common. Tenants in common is preferred in the law, so you need to specify otherwise.

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Answered on 12/15/03, 3:46 pm


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