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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 9 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption