Putting property in two names & Making new wills
My husband purchased our home before we married. He now wants to put the deed in both of our names. There is a mortgage on the property. How can we do this? Also, we need new wills (husband to update and change his existing will and I need a new will. We should have living wills, right? What are the most cost effective ways for handling these issues? Many thanks!
Re: Putting property in two names & Making new wills
1. He can sign a new deed to himself and you as husband and wife, with right of surviviorship.
2. Preparation of a will depends on each families circumstances. Further info is required.
David Slater
David P. Slater, Esq.
5154 Windsor Parke Dr.
Boca Raton, FL 33496
Re: Putting property in two names & Making new wills
Out of office last week.
Call me when convenient.
Not complicated or expensive endeavor.
Scott W Barger
Barger Law Offices
420 Lincoln Road, Suite 372
Miami Beach, FL 33139
Re: Putting property in two names & Making new wills
Mr. Slater is correct that a new deed transferring title to the property from your husband to your husband and you is one way to accomplish what you seek, but you must first read the mortgage very carefully to make sure it does not prohibit a transfer of the title to the property in such fashion. Generaly, most mortgages contain a “due on sale or transfer” clause that essentially says that the entire mortgage note becomes due upon the transfer of any interest in the property by the owner/mortgagor. If so, your husband would need to contact the mortgage holder to learn if it would agree to allow the transfer with the understanding that you would join on the mortgage. You should meet with an attorney experienced in matters of this nature. My practice areas include real estate transactions, but not wills, trusts and estates, which is the area that relates to your other question about wills or living wills, which I believe are two entirely different things. I can refer you to another attorney who is an expert in that field. You should consult with a qualified attorney before taking any steps that may come back to haunt you and your spouse.
Peter Gonzalez
Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP
2333 Ponce De Leon Blvd., Suite 302
Coral Gables, FL 33134
Re: Putting property in two names & Making new wills
Consult with counsel. If you are not too distant from my office, call for an appointment, 305.940.8080.
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
11900 Biscayne Boulevard
Miami, FL 33181
Re: Putting property in two names & Making new wills
Firstly, a will and living will are different. A living will is not even a will at all. It is a document that expresses your wish to not receive artificial life support in the event you become in a persistent vegetative state or reach an end-stage condition. My practice focuses on wills and trusts. I serve throughout Florida and would be happy to assist you.
Douglas Coenson, Esq.
email: coensonlaw@juno.com
tel: (561) 315-2120
Jupiter, FL 33478