Adding a Spouse to Title in Maryland
One of the most common Maryland deed changes is adding a husband or wife to the deed after marriage. Often, one spouse bought the home before the wedding, and the couple later decides that both spouses should be listed as owners.
A properly prepared spouse deed can update the Maryland land records so the deed reflects the marriage, the family home, and the couple’s current wishes.
The biggest benefit: tenancy by the entirety
In Maryland, married couples often hold property as tenants by the entirety. This is a special form of ownership available only to married spouses.
One major benefit is protection from certain liens or judgments against only one spouse. In many situations, a creditor of just one spouse cannot force the sale of property owned by both spouses as tenants by the entirety. That protection can be a very important reason to add a spouse to title.
Tenancy by the entirety may also allow the home to pass more smoothly to the surviving spouse if one spouse passes away, without the deceased spouse’s interest going through probate.
Why people add a spouse to a deed
- To place both spouses on record title.
- To protect the family home through tenancy by the entirety.
- To help avoid probate between spouses.
- To make the deed match the marriage and the family’s wishes.
- To clean up title before estate planning, refinancing, or selling.
Removing a spouse or former spouse
We also prepare deeds removing a spouse or former spouse from title. This often happens after divorce, separation, refinancing, or an agreement between the parties.
A deed can transfer one spouse’s ownership interest to the other spouse, but it does not automatically remove someone from a mortgage loan. If there is a mortgage, the deed and loan issues should be considered together.