I reside in the state of Nevada, and am curious what the procedure is for changing my last name on my house deed. The house is in my name only and was purchased prior to my marriage, therefore the deed is still in my maiden name. Do I have to change my name, or can I leave it the way it is? If it is legal to leave my maiden name on the deed, are there drawbacks to my husband/family in the event of my death? Will this name change need to take place in order to sell the property?
1 Answer from Attorneys
There is no requirement that you change the deed to reflect your married name, but it could clear up some potentially confusing issues in the future. For example, if you die and leave the property to your husband, he will have the burden of proving it is the same person on both the deed and the death certificate - usually pretty easy with the marriage certificate that shows the reason for the name change.
If you are planning to add him in the ownership of the house, you will want to record a new deed, anyway, that reflects both your new name and his name as owners. That will take care of both needs in one step, if that is your wish. Any competent Las Vegas real estate attorney should be willing to draft a quit claim deed to accomplish either goal (changing your name or deeding it to yourself and your husband) for no more than a couple hundred bucks, including recording fee.
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