What is the best way to transfer property from spouse to spouse?

UPDATED: Oct 1, 2022

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What is the best way to transfer property from spouse to spouse?

My wife own the house that we live in. She wants to insure I get it if she passes before I do. We wish it to stay totally out of Probate. What is the best way to accomplish this and does it require an lawyer.

Asked on November 23, 2018 under Estate Planning, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Best way is, IF you don't have a mortgage on it, for her to put you on the deed on as "joint tenant with right of survivorship," which means that if/when one of your passes, the other instantly and automatically becomes 100% owner without the property going through probate or being counted as part of that person's estate. If you do have a mortgage, you'd have to pay it off or refinance it in both your names as part of doing this (property cannot be transferred without paying off, etc. an existing mortgage). You could do the paperwork yourself, but this is too important to risk making a mistake one--hire a real estate attorney to help you.

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