Adding your spouse to your property deed in Texas is a straightforward process that may offer important benefits including property tax exemptions and simplified estate planning. You’ll need to prepare a new General Warranty Deed, sign it in front of a notary, and file it with the county clerk. This process makes your spouse a legal co-owner of the property.
When you add your spouse to the property deed, you can also choose whether to include a Right of Survivorship Agreement which ensures the property automatically passes to the the surviving spouse without probate if one spouse should die.
How to Add Your Spouse to Your Property Deed
Adding your spouse to your property deed may offer various benefits, including tax exemptions and simplified estate planning. While not required, adding your new spouse to your deed is a straightforward process that may be advantageous. Here is what you need to know.
Reasons to Add Your Spouse to the Property Deed
Many homeowners choose to add their spouse to their property title for financial and legal benefits. One of the most common reasons is for property tax exemptions. For example, your spouse may qualify for exemptions you do not have, such as the over-65 exemption, disabled person exemption, or the disabled veteran exemption. Adding your spouse to the deed may lower your property taxes significantly.
Another reason may be simplified estate planning such as a Right of Survivorship Agreement.
How to Add Your Spouse to Your Property Title
The process to add your spouse to your property title takes a few simple steps:
- New General Warranty Deed. Have a new General Warranty Deed prepared. This document will add your spouse to the title as a co-owner of the property.
- Sign and notarize the deed. The new deed will need to be signed by you in front of any notary. Some notaries may charge a small fee for this service.
- File the deed. Mail or take the original, signed and notarized, deed to the county clerk’s office for recording. The recording fee is about $40 depending on the county in which the property is located. The clerk will record the document and return the original to you.
Including the Right of Survivorship
When adding your spouse to the deed, consider whether to include the Right of Survivorship. With this document, the real estate property automatically transfers to the surviving spouse upon the passing of one spouse. The Right of Survivorship bypasses probate which could be expensive and could take several months.
Good to know: Both spouses must sign the deed to confirm adding the Right of Survivorship.
Note: If you want your interest in the property to pass to your children from a previous marriage rather than to your co-owner, do not include the Right of Survivorship. Without the Right of Survivorship, your share in the property will instead pass to your legal heirs or according to your Last Will and Testament.
Good to know: The Right of Survivorship can be added or removed later, but both owners must agree to add or remove it.
Adding the Right of Survivorship is included in our fee to prepare your General Warranty Deed if requested.
Updating Your Deed and Completing Filing
After preparing, signing and notarizing the new General Warranty Deed:
Afterward, be sure to update any property tax exemptions with the county property tax office.
Also, you should notify your property insurance provider to add your new spouse as co-owner/insured. Remember to notify your homeowners association and utility companies as well.
Adding Your Spouse to the Deed vs. the Mortgage
Keep in mind, adding your spouse to your property deed does not add them to your mortgage. To include your spouse on the mortgage, you may need to refinance the mortgage jointly. Although most mortgage companies may allow you to add your spouse to the deed without permission, we recommend that you contact the mortgage company to avoid any issue.
Note: If your spouse is not on the mortgage, they may need written permission from you to communicate with the mortgage company.
Good to know: In most cases, you DO need written permission from your mortgage company to add a person who IS NOT your spouse to your property title.
Divorce and Property Co-Ownership
Adding your spouse to the deed may have implications if you divorce. Property you owned before marriage is usually considered your separate property. However, adding your spouse as co-owner could transform part of the property into your spouse’s separate property, which may complicate matters in a divorce. For this reason, consult a family law attorney if you have concerns about property division in the event of a future divorce.
FAQ
Can I add my spouse to my property deed in Texas?
Yes. You can add your spouse to your Texas property deed by preparing a new General Warranty Deed that names both spouses as co-owners. The deed must be signed in front of a notary and then recorded with the county clerk’s office to make the change official.
Does adding my spouse to the deed also add them to the mortgage?
No. Adding your spouse to the deed does not automatically add them to the mortgage. The mortgage remains under the original borrower’s name unless you refinance the loan jointly. Most mortgage companies allow you to add your spouse to the deed, but you should still notify them first to avoid issues.
What is a Right of Survivorship and should I include it?
A Right of Survivorship Agreement allows the property to transfer automatically to the surviving spouse when one spouse passes away, avoiding probate. It must be signed by both spouses and recorded along with the deed. If you prefer your share of the property to pass to children from a prior marriage, do not include the Right of Survivorship.
What should I do after recording the new deed?
After the deed is recorded, keep the original document for your records and be sure to update your property tax exemptions with the county tax office. You should also notify your homeowners insurance provider, mortgage company, homeowners association, and utility companies that your spouse is now a co-owner.
Contact Us
If you have any questions, email attorney Scott Steinbach directly at scott@texaspropertydeeds.com.