Legal Question in Wills and Trusts in Louisiana
Should add spouse to deed?
My husband was building a house right before we met. He put money down before we married. We married 1 year later. I have since been contributing to the montly mortgage payments. We will be paying off the house this month. We have no children. Should my name be added to the deed? (ie: what would the consequences be if he was unable to make decisions, but was still living, and he is the only one on the deed?)
Thank you,
1 Answer from Attorneys
Re: Should add spouse to deed?
First, adding you to the deed does not change the fact that he would have to be available to make decisions about the land. It only means that you both would have to agree on the decision. You would not have the authority to sell his interest in the land.
The land is his separate property. If you split up one day he will owe you for your contribution to the improvements and to paying off the note.
If he wishes to he can donate a half interest in the property to you. The only thing that would give you authority if he becomes disabled (or vice-versa) is a power of attorney.
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