Legal Question in Real Estate Law in Missouri

My rightsas wife

How hard and costly to put a wifes name on the deed of their house


Asked on 7/06/09, 10:10 pm

1 Answer from Attorneys

Jennifer Rench J. Rench Law Firm, LLC | St. Louis Divorce and Mediation

Re: My rightsas wife

You have not provided enough information about your particular situation to answer this more specifically, so generally speaking it is usually not difficult to add another person's name to a deed. Technically you don't "add another person's name", but rather Husband, as holder of the property, would convey his interest in the property to both Husband and Wife using some type of real estate instrument such as a Quitclaim Deed. The cost to file a deed is not expensive. For example, the fee in St. Louis County is $24 for the first page of the fee and $3 per page after that.

HOWEVER, if there is a mortgage against the property a person must be extremely careful. Most mortgages have a "Due On Sale Clause" which allows the lender to demand immediate payment of the remaining balance of the mortgage if the property is sold. Sometimes the transfer of property in the manner described above triggers that clause. One way you might get around that is to refinance the mortgage in both parties names in conjunction with the transfer. The timing of a move like this would be critical. So as I stated before, my answer could widely vary depending on the circumstances surrounding the property and that is why I would advise you to consult an attorney regarding your unique situation before proceeding.

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Answered on 7/07/09, 2:29 pm


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