Legal Question in Real Estate Law in Arizona
Deed of trust
My wife and I just got married. I have been in my house for 7 years now but want to put her on the deed. What is the best deed form to use? Someone told me a joint deed but was not sure.
2 Answers from Attorneys
Re: Deed of trust
Be careful drafting your own deed. There can be unexpected consequences if you do it wrong. That said, I would use a Special Warranty Deed. Have an attorney draft it for you.
Re: Deed of trust
Self help deed work is risky. So many people goof it up.
You probably will use a quitclaim deed to deed it to yourself and your wife as community property with right of survivorship. That said, I would consult with an estate attorney to see alternatives, and to see how to coordinate this into your estate plan. If you do not have your own estate plan, the State of Arizona has a default plan for you, but you might not like it. Have your own estate plan done now that you are married, and make the house part of the plan. Remember, if you deed the house to your wife, and get a divorce, she owns half the house. So see an estate attorney. We offer free, no obligation initial consultations at 480.835.1500.
Best regards,
James D. Jenkins
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