How To Add A Spouse To The House Deed In Georgia

How To Add Spouse To House Deed In Georgia - How To Add Spouse To Deed In Georgia - How To Add Someone To A Deed In Georgia

Wondering how to add a spouse to a house deed in Georgia?

In this article, you’ll learn about: 

  • how to add a spouse to your house deed
  • the two ways to add a spouse to the deed
  • what the tax implications are
  • what your rights are if your name is on the deed
  • should married couples have both names on the deed

Keep scrolling to learn more. 

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How To Add A Spouse To The House Deed In Georgia

To add a spouse to a house deed in Georgia, follow these steps:

  1. Obtain a blank deed form, which can be a Warranty or Quitclaim deed, from an office supply store or online. (Or, we will supply you with one.)
  2. Fill out the deed form with the names of the current owner (grantor) and the spouse (grantee) as co-owners.
  3. Include the precise legal description of the property from your current deed.
  4. For a warranty deed, add a clause stating the grantor guarantees clear ownership. For a quitclaim deed, no such guarantee is made.
  5. Specify that the ownership is to be “as joint tenants with right of survivorship” if applicable.
  6. Both the grantor and grantee sign the deed in the presence of a notary public to notarize the signatures.
  7. Record the signed deed at the county recorder’s office or clerk of the Superior Court where the property is located.
  8. Pay any required recording fees.
  9. Keep a copy of the recorded deed for your personal records.

The process adds the spouse’s name to the title of the property, giving them ownership rights.

Fill out the form on this page to get started. 

We make sure your deed is set up properly so the property doesn’t:

  • go to the wrong people when either of you pass
  • get stuck in probate courts
  • get accessed by creditors and lawsuits

Ways To Add A Spouse To A Deed

There are two ways you’d want to add your spouse to the house deed in Georgia. 

Joint Tenants With Rights Of Survivorship

Joint Tenancy with Rights of Survivorship in Georgia is a way for two or more people to own property together. 

When one owner dies, their share automatically goes to the surviving owner(s) and skips probate. 

All owners have equal rights to the entire property. 

To set it up, the deed must clearly state that the owners are taking title as joint tenants with the right of survivorship, not as tenants in common. 

Once established, each owner can’t pass their share to someone else in a will.

It will always go to the other joint tenant(s) upon their death.

Tenants In Common

In Georgia, Tenants in Common is a way for two or more people to own property together. 

Each person owns a specific share, which can be of different sizes. 

When one owner dies, their share doesn’t automatically go to the other owners. 

Instead, it goes to whoever is named in the deceased owner’s will or, if there’s no will, to their legal heirs according to state law. 

This type of ownership does not avoid probate.

Tax Implications Of Adding Spouse To Deed

When you add your spouse to the deed in Georgia, there are a few tax implications to consider:

  • Gift Tax: If the property’s value exceeds the annual gift tax exclusion, you may need to file a gift tax return. However, there is usually no actual tax due unless you’ve exceeded the lifetime exemption amount.
  • Property Tax: Adding a spouse to the deed does not typically change property tax obligations in Georgia. The property tax rate remains based on the property’s assessed value.
  • Capital Gains Tax: When selling the property, if only one spouse’s name was originally on the deed, there might be implications for capital gains tax exemptions, particularly if the property has greatly increased in value.
  • No Transfer Tax: Georgia typically does not impose a transfer tax on deeds between spouses.

FAQs About Adding A Spouse To A House Deed In Georgia

Here are other questions our clients ask us related to adding a name to the deed

Can I Put My Wife On The Title But Not The Mortgage?

Yes, you can put your wife on the title of your home but not on the mortgage. 

To do it, add her to the home’s title with a deed that shows her as a co-owner.

Then, record the deed at the local county recorder’s office.

Understand that by doing this, your wife will share ownership of the property.

But she will not be responsible for the mortgage payments.

Remember, the lender will still consider you solely responsible for the mortgage. 

Your wife’s name on the title grants her ownership rights, but it does not obligate her to pay the mortgage.

Read More: Am I Entitled To My Husband’s Property If He Dies And My Name Isn’t On The Deed?

What Are My Rights If My Name Is Not On A Deed But Married In Georgia?

If you are married and your name is not on the deed to a property in Georgia, you still have certain rights due to the state’s equitable distribution laws:

  • Upon Divorce: The property may be considered marital property and subject to division, even if your name is not on the deed.
  • During Marriage: You have the right to enjoy the property and may have a say in significant decisions regarding the property.
  • Upon Death of Spouse: If your spouse dies without a will, you may have a right to a share of the property under Georgia’s intestacy laws.
  • Homestead Rights: You may claim a homestead exemption for the property, which can provide tax benefits and creditor protection.

Read More: What Are My Rights If My Name Is On A Deed?

Should A Married Couple Have Both Names On The Deed?

A married couple should consider having both names on the deed to:

  • Ensure both have equal ownership rights to the property.
  • Allow the property to pass directly to the surviving spouse without probate if held as joint tenants with the right of survivorship.
  • Potentially provide a tax advantage upon the sale of the property due to double the capital gains exclusion.
  • Protect the property from being sold or encumbered by one spouse without the other’s consent.

Read More: Is My Wife Entitled To Half My House If It’s In My Name?

Add Your Spouse To The Deed

If you want help adding a spouse to your deed, fill out the form below. 

At The Hive Law, we understand the importance of:

  • protecting your hard-earned assets 
  • ensuring your family’s future
  • not losing everything to creditors and lawsuits
  • properly (and legally) distributing assets 

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our property lawyers.

Benefits of our deed services:

  • Tailored solutions to fit your unique needs and goals
  • Expert guidance in navigating complex tax and legal matters
  • Preservation of your wealth for future generations
  • Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate deed transfer strategies:

  • Creditors seizing your assets
  • Lawsuits jeopardizing your family’s financial security
  • Family disputes over inheritance
  • Costly and time-consuming probate processes

Talk soon.

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We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

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