Can I add my adult son to the title of my house I owned prior to marriage without my current spouse signing the special warranty deed?

UPDATED: Aug 27, 2012

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Can I add my adult son to the title of my house I owned prior to marriage without my current spouse signing the special warranty deed?

I am going to file a special warranty deed with my son and myself as grantees, tenants in common, but I have seen forms that have a place for the spouse of the grantor (me) to sign. Basically saying they are aware and agree with the transaction. Is this mandatory even though this was my home long before I married?

Asked on August 27, 2012 under Real Estate Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The general rules is that property owned prior to marriage is separate property and your husband should have no say in what you do with it.  But it is always best - especially in a community property state - to have his acknowledgement that he has no ownership interest and consent to sale.  I also think that it would be a good idea for you to speak with an attorney.  You understand that the way you wish to rtansfer the proeprty should you pass your son would own only half.  The other half would go in to your estate and then he and whome ever would inherit will own it.  If that is not what you want seek help.  Good luck. 

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