Legal Question in Real Estate Law in Oklahoma
Changing Deed after marriage
I bought my home as a single person in 1998 (cash purchase) and was recently married. How do I change and file a warranty deed on this property to include my husband and to record my name change? The county clerk's office told us to use a blank warranty deed form, fill it out, and file it. However, do I complete the form as if my husband and I were purchasing the home from the people I bought it from in 1998, or do we fill it out as if my husband and I were purchasing it from me (as a single person)?
1 Answer from Attorneys
Re: Changing Deed after marriage
I think I would show grantors as: John Smith and Mary Jones, now Mary Smith, husband and wife to John Smith and Mary Jones Smith, husband and wife as joint tenants with right of survivorship. You can do this on a Quitclaim deed also. If you are using a deed purchased at a bookstore or office supply be sure that it is a deed intended for taking the property in joint tenancy with rights of survivorship. The reason that your husband needs to join with you as Grantor is because he has an life estate (not ownership) in the home which would have entitled him to live there in the event you died even though he did not not own the property.
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