Most married couples own their home jointly, as husband and wife. When they do, and one of them dies, the home will automatically belong to the surviving spouse without probate required. Sometimes, at the time of purchase, the home is put into just one of the spouse's name and, if so, the married couple should consider doing a deed changing the title to both of their names. CALL OR TEXT CHRISSY AT 407-808-8398 IF YOU NEED A LAWYER OR ATTORNEY IN CENTRAL FLORIDA INCLUDING ORLANDO, WINTER PARK, WINDERMERE, DAYTONA BEACH, THE VILLAGES, MELBOURNE, ALTAMONTE, LAKE MARY, LONGWOOD, COLLEGE PARK, BAY HILL, OVIEDO, SANFORD, DELAND, DEBARY, DELTONA, LEESBURG, CLERMONT, THORTON PARK, BALDWIN PARK, PONCE INLET, NEW SYMNRA, ORMOND BEACH, ST. AUGUSTINE, KISSIMMEE. Paul: Hey, thanks for taking my call. I got married a little over a year ago and my home is my name only. Now I want to add my wife’s name to the deed so that she would automatically get the home without any probate if I die. Attorney Tom Olsen: Okay. And Paul, how long have you owned this home? Paul: A little over two years. Attorney Tom Olsen: And Paul, how much equity do you have in the house? How much is it worth and how much do you owe? Paul: I only owe about half of what the home is worth. Attorney Tom Olsen: Paul, today on this radio show, you’re my caller. I’m going to give you advice. I don’t know your wife, and I’m sure she is a lovely woman. However, I have to give you fair warning, Paul, and that is is that if you keep this home in your name only and a few years down the road you get divorced, you’re going to leave with that home. If you add her name to the deed and years down the road you get divorced, she’s going to leave with one half of that home. I love your optimism. You’ve been married for a year and you believe that you will be married forever and, if you tell me that’s the case, beautiful. I’m all for it, Paul. Let’s add your wife’s name to the deed. You think about that and if you want to call us, we’re happy to assist you with it. Paul, does that make sense to you? Paul: It does, and I fully understood that before you told me that. I understand that she’s going to own half of the home once I do that. I get it, and I’m comfortable with it. Attorney Tom Olsen: Good. Well Paul, we’d love to assist you with it. Do you have any other questions about it? Paul: Well, is it a simple process of just going down to the tax office and having that done, or is it more complicated than that? Attorney Tom Olsen: Well Paul, nobody at the clerk’s office is going to give you a form deed and tell you how to do it. If you looked at a typical quit claim deed or warranty deed, Paul, it looks really very simple to fill it out but there’s all kinds of mistakes that you can make on it. I do recommend that you have an attorney prepare the deed for you. I could do it for you. The fee is not much, Paul, but there will be doc stamps due the state of Florida. That’s probably going to be your biggest expense. Whether you have me do it or whether you do it by yourself, you still owe the state of Florida doc stamps on that deed. Paul: I see. Okay. Thank you very much. Attorney Tom Olsen: All right Paul, you’re very welcome. And you know what? I think Paul is a little upset with me that I may have said those words. Chrissy: No, I think that it’s great that he said, “Tom, I do understand that going into this and going into the call,” but at the same time you just want to be able to give him that heads up, that that would be the case. But I also think you should say the other part of that and that is that even if the wife was never put on the deed, she would still have a right as his wife. Attorney Tom Olsen: The wife would have rights to the home if he passed away, but not have rights if they got divorced. So, let’s talk about that in a minute. But I do want to say this in my own defense. I’ve had plenty of people over the years in my office, whether it’s the husband or whether it’s a wife, say these same words to me, “I want to add my spouse’s name to the deed.” I give them this information and they go, “Thank you, Tom. I’m so glad you told me about that. I’m going to think about it.” Especially when they’ve only been married for one year. If somebody comes to me and says, “Tom, we’ve been married for 15 or 20 years, I want to add my spouse to the deed.” Chrissy: No problem. Attorney Tom Olsen: No problem, yes. Here’s what we’re saying, folks. What we just talked about for Paul was what happens if he gets divorced. Even if Paul were to keep that house in his name only, if he were to pass away, his wife would have a right to a life estate in the home. She’d be allowed to live in that home for the rest of her life before something else happens to it. We are talking about what happens if they get divorced versus if Paul passes away.
Should I add my husband's name to the deed to my home? Should I add my wife's name to the deed to my home? Attorney Tom Olsen: Next in line is Tom in Cocoa. Tom, you’re on News 96.5, go ahead. Tom: My first wife died several years ago and I remarried. I re-mortgaged my house and my new wife’s name is on the mortgage with me. However, I never put my wife’s name on the deed. What happens if I pass away? I do have a will where my wife gets the house. Attorney Tom Olsen: Do you own a land underneath your modular home? Tom: Yes, we do. Attorney Tom Olsen: Even when the home is in the husband’s name only, in the State of Florida your spouse automatically has rights to the home through Florida’s elective share law. That is why when you refinanced they required her to sign the mortgage. Signing the mortgage did no put her name on the deed. Attorney Tom Olsen: You have a will that says when I die this house goes to my wife. That’s fine, but it would require a probate process to get the home out of your name and into her name. If you add her name to the deed and you were to pass away, your home would automatically go to your wife, no headaches, no hassles, no probate. That would be a reason to add your wife’s name to the deed to your home. Tom: Okay, I’d like do that. Listen, I’ve been listening to you for several years. I really appreciate your comments and your help. You’ve given me some help without even knowing it. So, I thank you. Attorney Tom Olsen: Well, thank you Tom and we’d love to assist you with that deed. By the way, I know you’re in Cocoa Beach but we can prepare the deed for you, email it to you. You could sign in Cocoa Beach. Get it back to us where we would record it in the public records. Attorney Tom Olsen: All right, Tom. Easiest way to email us is through our website and that is LawTube.com. Call or text Chrissy at 407-808-8398 if you need a lawyer or attorney in Central Florida including Orlando, Winter Park, Windermere, Daytona Beach, The Villages, Melbourne, Altamonte Springs, Lake Mary, Longwood, College Park, Bay Hill, Oviedo, Sanford, DeLand, DeBary, Deltona, Leesburg, Clermont, Thornton Park, Baldwin Park, Ponce Inlet, New Smyrna, Ormond Beach, St. Augustine, Kissimmee. Olsen Law Group in Orlando at 407-423-5561. The Olsen on Law Radio Show is the longest running legal talk show in the country having started in June 1986.
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Should husband add wife's name to the deed? Carla: I want to have my name added to a property that I currently live in with my husband. We’ve been married for about eight years now. And when we married, I had my own home. After we were married we moved into my husband’s home. Carla: Should I ask my husband to add my name to the deed to the home that we currently live in? Attorney Tom Olsen: Carla, adding your name to the deed would be a great idea. It would mean that, if your husband died, the home would belong to you. If your name is not added to the deed you, might likely end up with a life estate if your husband died. You would have the use of the property for the rest of your lifetime and then, upon your death, it would go to his children. So it depends on what he wants. If he says, “Carla, someday when I die I want you to own this home outright”, then adding your name to the deed would be a great idea. Carla: Okay. But you’re saying, if my name is not added to the home, in the event that he dies, I would still be able to live in the home with my children. Attorney Tom Olsen: You would, Carla. It depends on what his wills says but if he has no will you would have a life estate, a right to live there for the rest of your life. And if he has a will it says, “When I die, everything goes to Carla.” Well then the home’s going to go to you outright but it’s going to require a probate process to get there. So Carla, I hope you understand what I’m saying and if you’re unclear about it you are welcome to call us at our office next week at 407-423-5561. We could assist you with that. Call or text Chrissy at 407-808-8398 if you need a lawyer or attorney in Central Florida including Orlando, Winter Park, Windermere, Daytona Beach, The Villages, Melbourne, Altamonte Springs, Lake Mary, Longwood, College Park, Bay Hill, Oviedo, Sanford, DeLand, DeBary, Deltona, Leesburg, Clermont, Thornton Park, Baldwin Park, Ponce Inlet, New Smyrna, Ormond Beach, St. Augustine, Kissimmee. Olsen Law Group in Orlando at 407-423-5561. The Olsen on Law Radio Show is the longest running legal talk show in the country having started in June 1986.
https://www.youtube.com/user/lawtubechannel to subscribe to our newest legal videos. http://www.lawtube.com to check out our Video Law Library. Attorney Tom Olsen is host of the Olsen on Law Radio Show on FM 96.5 WDBO in Orlando. You can reach Tom at 407-423-5561 or email@example.com. Tom has been answering legal questions on his radio show for 26 years and has been practicing law in Orlando, Florida for over 30 years. CALL OR TEXT CHRISSY AT 407-808-8398 IF YOU NEED A LAWYER OR ATTORNEY IN CENTRAL FLORIDA INCLUDING ORLANDO, WINTER PARK, WINDERMERE, DAYTONA BEACH, THE VILLAGES, MELBOURNE, ALTAMONTE, LAKE MARY, LONGWOOD, COLLEGE PARK, BAY HILL, OVIEDO, SANFORD, DELAND, DEBARY, DELTONA, LEESBURG, CLERMONT, THORTON PARK, BALDWIN PARK, PONCE INLET, NEW SYMNRA, ORMOND BEACH, ST. AUGUSTINE, KISSIMMEE. Attorney Tom Olsen: Let’s go back to work and, next in line, let’s go to Linda in Leesburg. Go ahead. Linda: Hi. I have a friend who bought a house in Indiana, with a VA loan. But she was told by someone that she should put her son’s name on it, that when she passed away it would make it easier for her. Attorney Tom Olsen: All right. Linda: So her son’s name is on the deed, but the whole financing is in her name. Attorney Tom Olsen: Okay. Linda: Well, he got married and the house got small, so she moved back to Florida. And now she wants to move back to Indiana, but -- because the couple is not making the payments timely and the VA is calling her and telling her, “You know you have to make your payments on time.” And so she’s saying if she goes back to Indiana, they tell her she has to sleep on the couch and not bring her animals. If she wanted to sell the house doesn’t her son now have to approve of this sale --? Attorney Tom Olsen: Yes. They are co-owners of this house, they both have an equal right to be there, she could not sell this house without the son’s signature. Adding her son’s name to the deed to her house was a big mistake. Linda: Yes, that’s what I told her. Attorney Tom Olsen: To all of the listeners out there, do not do it. If you’re looking for a way to avoid probate on your home there’s a much better tool for that called an enhanced life estate deed. And by the way, if you want information on enhanced life estate deed as a tool to avoid probate on your real estate or your home, you can call or text Chrissy anytime, at 407-808-8398. You can talk to her on the phone, she can send you a booklet on enhanced life estate deeds or, in fact, she can e-mail you a video of me talking about enhanced life estate deeds as a tool to avoid probate on your real estate. You can call or text Chrissy anytime, 407-808-8398. Produced by Professional Media Ideas. Call or text Chrissy Merrill at 407-808-8398 or by email at firstname.lastname@example.org
Subscribe Now: http://www.youtube.com/subscription_center?add_user=ehowfinance Watch More: http://www.youtube.com/ehowfinance Whether or not you can transfer a deed to your house to your kids before you die depends on a few key specifics of your own situation. Find out if you can transfer a deed to your house to your kids before you die with help from an entrepreneur, real estate broker and real estate coach in this free video clip. Expert: Brendan Bartic Contact: www.thebarticgroup.com Bio: Brendan Bartic is a friend, entrepreneur, real estate broker, real estate coach, and possibly the best dancer on the planet. Filmmaker: Brendan Bartic Series Description: Whether you're buying a home, selling a home, or are just trying to rent a particular piece of property, you will soon find out just how complicated the world of real estate really is. Learn about various real estate topics with help from an entrepreneur, real estate broker and real estate coach in this free video series.
Olsen on Law Radio show is the longest continuously running legal talk show in the country and the world. Attorney Tom Olsen started doing his radio show in June of 1986. Attorney Tom Olsen is host of the Olsen on Law Radio Show on FM 96.5 WDBO in Orlando. You can reach Tom at 407-423-5561 or email@example.com. Tom has been answering legal questions on his radio show for 26 years and has been practicing law in Orlando, Florida for over 30 years. CALL OR TEXT CHRISSY AT 407-808-8398 IF YOU NEED A LAWYER OR ATTORNEY IN CENTRAL FLORIDA INCLUDING ORLANDO, WINTER PARK, WINDERMERE, DAYTONA BEACH, THE VILLAGES, MELBOURNE, ALTAMONTE, LAKE MARY, LONGWOOD, COLLEGE PARK, BAY HILL, OVIEDO, SANFORD, DELAND, DEBARY, DELTONA, LEESBURG, CLERMONT, THORTON PARK, BALDWIN PARK, PONCE INLET, NEW SYMNRA, ORMOND BEACH, ST. AUGUSTINE, KISSIMMEE. Attorney Tom Olsen: Let’s go to Paul in Rockledge. Paul, you’re on News 96.5. Go ahead. Paul: Hi, my name is Paul and I’m calling from Rockledge. I want to purchase some land and I want to do it, kind of, like Walt Disney style, where nobody knows who’s buyingit. And I’m wondering how complicated is that as far us setting up a third party. I mean, I can easily get a friend to go in there and go buy it, but what happens once it’s bought? They’re going to say, “Okay, who owns it?” And I’m wondering- Attorney Tom Olsen: Okay, so Paul, let me tell you this. If you were to form a corporation or an LLC here in Florida, those are public records. People could look at the name of that corporation and they would see who the owner is and that’s going to be you. So a corporation or a LLC is not necessarily answer for you. I think what it would have to be is some kind of private document and that would be a trust, Paul. You would have formed some kind of land trust to hold this piece of property for you, that would not bepart of the public records and would not be available to people. Paul: Okay, so it would be in somebody else’s name, but it would in fact be mine? Attorney Tom Olsen: No, it would be in the name of a land trust. That land trust would have a neutral name, like ABC land trust that does not have your name anywhere in that land trust name and then the property would literally be owned by ABC land trust. People would see that name in the public records, but they would not know who was behind ABC land trust. Paul: Okay, I see. Chrissy: And Paul, ABC land trust puts you in complete control. Attorney Tom Olsen: Yes, you would be trusting that trust and you would be in complete control, Paul. Paul: All right, that’s what I like to hear. Thank you very much. Attorney Tom Olsen: Paul, if you want to call us over the next week, we’ll be happy to help you with that. By the way, you can call us Monday through Friday 407 423 5561. Produced by Professional Media Ideas. Call or text Chrissy Merrill at 407-808-8398 or by email at firstname.lastname@example.org
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What happens if I never got my original deed to my house? When do I get my title insurance policy? What is title insurance? https://www.youtube.com/user/lawtubec... to subscribe to our newest legal videos. http://www.lawtube.com to check out our Video Law Library. Attorney Tom Olsen is host of the Olsen on Law Radio Show on FM 96.5 WDBO in Orlando. You can reach Tom at 407-423-5561 or email@example.com. Tom has been answering legal questions on his radio show for 26 years and has been practicing law in Orlando, Florida for over 30 years. CALL OR TEXT CHRISSY AT 407-808-8398 IF YOU NEED A LAWYER OR ATTORNEY IN CENTRAL FLORIDA INCLUDING ORLANDO, WINTER PARK, WINDERMERE, DAYTONA BEACH, THE VILLAGES, MELBOURNE, ALTAMONTE, LAKE MARY, LONGWOOD, COLLEGE PARK, BAY HILL, OVIEDO, SANFORD, DELAND, DEBARY, DELTONA, LEESBURG, CLERMONT, THORTON PARK, BALDWIN PARK, PONCE INLET, NEW SMYRNA, ORMOND BEACH, ST. AUGUSTINE, KISSIMMEE. Attorney Tom Olsen: Welcome back everybody. My name is Tom Olsen and the name of the show is Olsen on Law every Saturday at 11 AM on News 96.5. Let’s go back to work and next in line is Loueeza from Ocala. You’re on News 96.5, go ahead. Loueeza: Loueeza. Attorney Tom Olsen: Hey Loueeza, go ahead. Loueeza: Thank you for doing it for all of us. Attorney Tom Olsen: You’re very welcome. Loueeza: It’s really nice of you. We really appreciate you. I closed on a house at the beginning of May and don’t I get an original warranty deed in a mail? Attorney Tom Olsen: Exactly. So on the day of closing a deed was signed with putting the property in your name. Your closing agent would then take that deed and record it in the public records. And sometimes it takes up to 60 days to get that deed recorded back to the closing agent, back to you. It’s been more than 60 days for you. So Loueeza you would call your entitled company or closing agent and ask them what’s up and I would not be overly concerned about it would be nice if you had that deed. Loueeza: Yes, kind of important. So it doesn’t matter that they sold it within a couple of months of closing. They sold the mortgage to someone else. Attorney Tom Olsen: We’re talking about something completely different now Loueeza. But we’re talking about the deed. But by the way I want to say this that when they mail you that original deed, they also mail you the original owner’s title insurance policy. So let me restate that. These two things normally come in an envelope together and even though it may not be important that you have the original deed, it is very important that you have your original owner’s title insurance policy. So Loueeza you need to check in with them and see what’s going on. Loueeza: Thank you so much for that. Thank you, I appreciate you. Attorney Tom Olsen: You’re very welcome Bye-bye. Produced by Professional Media Ideas. Call or text Chrissy Merrill at 407-808-8398 or by email at firstname.lastname@example.org
Are you considered a first time home buyer if you were on the deed but not the mortgage?