Legal Question in Real Estate Law in Pennsylvania
House Title vs. Deed
I have asked my husband several times to add my name to our 'house' (and I am confused as to the difference as to adding it to the deed vs. the title). He puts up quite a fuss, saying it would be very expensive and that we would have to refinance in order to do this. (He owned this house before we were married, which is another one of his reasons for not wanting to refinance). I feel that I am contributing to our expenses, but am not truly considered to be a 'homeowner'. He insists that is not true, and that since we are married, he claims that our house is as much mine as it is his. Can someone please advise as to what I should and need to do for my benefit...thank you...
1 Answer from Attorneys
Re: House Title vs. Deed
If your name is not on the Deed, you are not in title and do not own the house with your husband. You may have some rights in the property, but your position would be more secure if you are an owner.
If there is a mortgage on the property, the mortgage holder would probably have to agree in writing to the change in ownership by a new Deed from your husband to your husband and you. Unless you have a bad credit history, the mortgage lender usually would not have a problem with adding your name as an owner.
You do NOT have to refinance in order to have your name added to title of the house.
As to expense: the mortgage holder may charge a fee, perhaps between $100-$200, for processing the request. A lawyer will charge for preparation of the Deed documents [and there are certain Certifications that have to be submitted with the Deed for recording). The lawyer's fees will vary from one lawyer to the next.
The County office for recording Deeds will charge a recording fee. That fee is determined by the County and you can check with the county office to find out what the fee will be. There will be no transfer tax on transfers between spouses.
You may also want to consult a family lawyer who could give you a better idea of what your rights are as a "legal" owner, meaning having your name on title, vs. your rights as a spouse.
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