Legal Question in Real Estate Law in Wyoming

Quitclaim Deed

How do I word the deed so I can add my wife to the title of the house?


Asked on 2/20/07, 7:48 pm

1 Answer from Attorneys

L. Eric Lundgren Lundgren Law Offices, P.C.

Re: Quitclaim Deed

The Wyoming Statutes provide form language for quitclaim deeds. W.S. � 34-2-104 - 106. The statutes are available online. http://michie.lexisnexis.com/wyoming/lpext.dll?f=templates&fn=main-h.htm

Even following the statutory language, however, be careful to create the type of joint ownership that you intend, i.e. tenants in common, tenants by the entirety, or joint tenants with the right of survivorship. There are important distinctions between the forms of ownership and choosing one over another may have significant legal consequences. You also need to be very careful with the property legal description. Get it exactly right. Legal descriptions can be complicated to read and understand. Errors have legal consequences. Further, if you have an existing mortgage, your lender may consider an effort to convey title an act which accelerates your mortgage.

Although I understand the reasons why you would want to add your spouse to the title of your house, you should not make this decision without checking all of the consequences. I strongly suggest that you consult with an attorney for consultation, particularly regarding forms of joint ownership. You should also meet with your lender to determine what requirements they may have BEFORE you convey the title from yourself to yourself and your spouse. Finally, if you choose not to meet with an attorney to assist you, I suggest that you at least engage the closing services of a title company (such as First American Title, Laramie Abstract & Title). Many will prepare the deed for you, making sure that the legal description of the property is correct, and record it in the County Clerk's records. They can also discuss title insurance issues with you.

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Answered on 2/21/07, 11:48 am


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