Legal Question in Real Estate Law in Maryland
How do i add my husband to the title of my house and if i become decease will he be able to pick up the outstanding mortgage payments if any without going thru a lot of paper work such as refinancing again. or is it more feisable to refinance now to add him on the mortgage
1 Answer from Attorneys
To add your husband to the deed, you need to have a new deed prepared which you would sign, conveying the property to yourself and your husband as tenants by the entirety. I have prepared such deeds on many occasions for clients. The property would then automatically become the sole property of the surviving spouse without having to go through probate. As long as either of you continues to pay the mortgage, it really isn't necessary to refinance. Your lender will happily process all payments regardless of who writes the check. However, if you are on an auto-deduct program with your bank and the payments come directly from a checking account in your name only, this could be a problem upon your death, since your account would be subject to probate.