To add your spouse to the deed on your home, you prepare a new deed that names both of you as owners, sign it before a notary, and record it with the county where the property sits. The paperwork itself is simple. The decisions behind it are not, because the deed type you choose, the form of co-ownership you select, and your spouse’s citizenship status all change how the property is treated for taxes, creditors, and divorce.
Which Type of Deed to Use
Two deeds do almost all spousal transfers: the quitclaim and the warranty deed.
A quitclaim deed transfers whatever ownership interest you have without promising anything about the quality of the title. Between spouses, that lack of guarantee is usually acceptable, and the quitclaim is the simpler and more common choice.
A warranty deed goes further. The signer guarantees the title is free of liens and other defects and takes legal responsibility if that turns out to be wrong. It gives the spouse being added stronger protection but creates more liability for the person signing.
How You’ll Hold Title Together
When you add your spouse, the new deed has to state how the two of you will co-own the property. This choice controls what happens when one of you dies, how creditors can reach the home, and how taxes work later.
Joint Tenancy With Right of Survivorship
Both spouses own equal shares, and when one dies, the other automatically becomes the sole owner without probate. This form is available in every state and is the most common choice for married couples outside community property states.
Tenancy by the Entirety
Available only to married couples and recognized in roughly half the states, tenancy by the entirety works like joint tenancy but adds creditor protection. If only one spouse owes a debt, creditors generally cannot force a sale of property held this way. Neither spouse can sell or transfer their interest without the other’s consent.
Community Property With Right of Survivorship
About a dozen states recognize community property, and several of those let couples hold title as “community property with right of survivorship.” That combines probate avoidance with a meaningful tax benefit: when one spouse dies, the entire property may receive a stepped-up basis rather than just the deceased spouse’s half. If the surviving spouse later sells, the taxable gain can shrink considerably. This option exists only in community property states, so confirm your state offers it before choosing it.
Preparing and Recording the New Deed
Get a copy of your current deed from the county recorder or your closing file. It contains the legal description of the property, and you need to copy that description onto the new deed exactly. Small errors in the legal description can create title problems.
You’ll also need the full legal names of both spouses and the form of co-ownership you’ve chosen. Blank deed forms are available from many county recorder offices and online legal form providers. Fill in the legal description, the grantor (you, the current owner), the grantees (both spouses), and the co-ownership form.
Sign the completed deed in front of a notary public. Some jurisdictions require your spouse to sign too, even though your spouse is the one receiving an interest. Take the notarized original to the county recorder’s office (sometimes called the register of deeds) in the county where the property is located and file it. Expect a recording fee. Some jurisdictions also charge a transfer tax based on the property’s value, though many exempt spousal transfers. Check your local rules before assuming yours does.
Check Your Title Insurance Before You Record
Many owner’s title insurance policies tie continued coverage to the covenants and warranties in the deed used to transfer the property. A quitclaim deed contains no warranties. Using one to add your spouse can inadvertently terminate your existing coverage.
Contact your title insurer before recording anything. Some will add your spouse to the existing policy through an endorsement for a modest fee. Others may require a new policy. Learning this after you’ve recorded the deed leaves you with less leverage, so handle it first.
Your Mortgage and the Due-on-Sale Clause
Most mortgages include a due-on-sale clause that lets the lender demand full repayment when the property is transferred. Adding your spouse is technically a transfer, but federal law takes this concern off the table. The Garn-St. Germain Depository Institutions Act prohibits lenders from triggering a due-on-sale clause when a spouse becomes an owner of the property securing a residential loan.1Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions
One thing the transfer does not do: it does not add your spouse to the mortgage. You remain solely responsible for the loan unless you refinance jointly. You don’t need lender permission to add your spouse to the deed, but notifying the lender avoids confusion about correspondence and insurance.
Tax Consequences
Gift Tax
Transferring a property interest to your spouse is technically a gift. Federal law provides an unlimited marital deduction that makes gifts between U.S. citizen spouses tax-free, no matter the value.2Office of the Law Revision Counsel. 26 USC 2523 – Gift to Spouse No gift tax return is required.
The rules are different if your spouse is not a U.S. citizen. The unlimited marital deduction does not apply.3eCFR. 26 CFR 25.2523(i)-1 – Disallowance of Marital Deduction When Spouse Is Not a United States Citizen You get an increased annual exclusion instead, set at $194,000 for 2026.4Internal Revenue Service. Frequently Asked Questions on Gift Taxes for Nonresidents Not Citizens of the United States If the interest you’re transferring is worth more than that, you’ll owe gift tax or use part of your lifetime exemption. Talk to a tax professional before transferring property to a non-citizen spouse.
Capital Gains and Cost Basis
When you give someone a share of property, they take your original cost basis rather than a new basis at current market value.5GovInfo. 26 USC 1015 – Basis of Property Acquired by Gifts and Transfers in Trust If you bought the home for $200,000 and it’s now worth $500,000, your spouse’s half carries a basis of $100,000. A later sale calculates gain from the original purchase price, not from the date of the transfer.
For most primary residences this rarely matters, because married couples filing jointly can exclude up to $500,000 in capital gains on a home sale. For high-value or investment properties, the carryover basis can produce a larger tax bill than expected. In community property states, holding title as community property may give a full stepped-up basis on both halves when one spouse dies, which can beat joint tenancy, where only the deceased spouse’s half is stepped up.
Property Tax Reassessment
Some jurisdictions reassess property value when ownership changes, which can raise your tax bill. Many exclude spousal transfers, but the rules vary. Ask your county assessor’s office what to expect before recording.
What This Does to the Property in a Divorce
Adding your spouse to the deed can permanently change the legal character of the property. If you owned the home before marriage or received it as an inheritance, it’s likely classified as separate property. Once you voluntarily put your spouse’s name on the deed, most courts will treat the property as marital or community property subject to division in a divorce. This conversion is sometimes called transmutation, and in many states it is difficult or impossible to reverse. If you have any concern about protecting the separate character of the property, consult a family law attorney before making the transfer.
Medicaid Considerations for Older Couples
If either spouse may need long-term care, the transfer has Medicaid implications. Medicaid uses a five-year look-back period that penalizes people who give away assets to qualify for benefits. Federal law explicitly exempts transfers of a home to a spouse from that penalty.6Office of the Law Revision Counsel. 42 USC 1396p – Liens, Adjustments and Recoveries, and Transfers of Assets Adding your spouse to the deed will not trigger an ineligibility period.
Estate recovery is the longer-term issue. After a Medicaid recipient dies, the state can seek reimbursement from the estate. Federal law bars recovery during the surviving spouse’s lifetime, but some states define “estate” broadly enough to reach property that passed through joint tenancy once the surviving spouse dies.7ASPE. Medicaid Estate Recovery How you hold title and which state you live in both affect this risk, and an elder law attorney can help structure ownership if long-term care is on the horizon.