Legal Question in Real Estate Law in Texas
Need to Add New Wife to House Deed
I purchased a house via a mortgage while I was single. I have since married and want to change the deed to one with Joint Tenant with right of survivorship. Can this be done without involving the mortgage company, and who would be the best person to assist me with this?
2 Answers from Attorneys
Re: Need to Add New Wife to House Deed
A real estate lawyer could help you with this. You will need a letter from the bank stating that they will not exercise their "due on sale" if you transfer half an interest to your spouse. This will only transfer title (ownership) not the mortgage (obligation to pay). Most banks will give you this letter freely. After you get the letter a lawyer can transfer the the property from you to and your spouse as joint tenants with rights of survivorship. This whole process usually costs a few hundred dollars.
Re: Need to Add New Wife to House Deed
I have never seen a mortgage company accelerate a loan when conveying to a spouse and retaining a 1/2 interest. They're just happy to have another person out there willing to pay. Typically I charge $100 to prepare such a deed.
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