Valentine’s Day is a time to celebrate love, and what better way to honor your spouse than by ensuring they are protected even after you’ve passed on? If you and your spouse have been married for decades and built a life together in your shared home, you might assume your spouse will automatically inherit the property if you pass away first—especially in a marital property state like Wisconsin.
Unfortunately, that’s not always the case.
If you owned your home before your marriage, your spouse will not automatically inherit the property unless their name is also on the deed. To ensure your home passes to your spouse with minimal legal hurdles, you will need to add them to the deed. Similarly, if your spouse owned the home before you married, you’ll need to have a conversation about adding your name to the deed to ensure you can continue living there if they pass away first.
Remember, ownership is not always accurately displayed on your tax bills or your mortgage documents. You need to check the deed itself and you may want to run it by an estate planning attorney to make sure the deed is worded correctly.
Why Adding Your Spouse to the Deed Matters
When you add your spouse’s name to the deed after marriage, they become a joint owner. In Wisconsin, a home transferredduring your marriage and owned jointly is considered “survivorship marital property.” This means the surviving spouse automatically inherits full ownership upon the first spouse’s passing—without the need for probate.
If only one name is on the deed, or if the property was owned jointly before the marriage by both of you as unmarried individuals, probate may be necessary to transfer the home to the surviving spouse. Even then, the surviving spouse might not inherit the entire property—especially if there are children from prior relationships. In those instances, the surviving spouse may have to purchase the deceased spouse’s children’s share to remain in the home, even if they’ve lived there for decades and contributed to paying off the mortgage.
Important Considerations Before Adding a Spouse to Your Deed
Adding your spouse to your property’s title protects your spouse, but it can have legal and financial consequences. For example:
• Your home will become subject to any judgments or debts against your spouse.
• Refinancing or obtaining a home equity loan may be impacted.
• You won’t be able to sell or transfer the property without your spouse’s consent.
Because these changes carry significant legal implications, it’s essential to consult with an experienced attorney to fully understand the pros and cons before making this decision.
How to Add Your Spouse to Your Home
To add your spouse to your home in Wisconsin, you’ll need to have a deed prepared, signed, and recorded with the Register of Deeds in the county where your property is located. Typically, this involves using a Quitclaim Deed, though you could also consider a Transfer on Death TOD deed. With a TOD deed, you would retain ownership while you are alive, but your spouse would inherit the home if you pass away before them.
Step 1: Review Your Current Deed
Start by reviewing your current deed to confirm ownership details. Remember: the names on your property tax bill are insufficient—it is the deed that matters.
If you don’t have a copy of your deed, you can request one from your local Register of Deeds office for a nominal fee. For example, the Racine County Register of Deeds provides helpful guidance on their website: Racine County Register ofDeeds FAQs (see below). An attorney who specializes in real estate or estate planning can also assist you in obtaining your deed electronically.
Step 2: Confirm Ownership and Take Any Necessary Next Steps
Once you have obtained the deed, you will be able to seewhether it lists one or both of your names. In Wisconsin, if the deed is dated after the day of your wedding and both names are listed on the deed along with the words “survivorship marital property,” you co-own the home and the survivor will assume full ownership upon the death of the first. If the deed has only one of your names or does not include the words “survivorship marital property,” you may may want to consider contacting an experienced estate planning attorney who can help you determine the best course of action and prepare any necessary deeds
Step 3: Plan for the Future
Finally, if you are concerned about what will happen to the home after both of you have pass away, an estate planning attorney can help guide you through that process as well.
Protect Your Home and Your Loved Ones
Your home is one of your most valuable assets and a place filled with memories. Make sure your wishes for its future are clear and legally binding. Reach out to an experienced estate planning attorney to help you navigate this process and protect your loved ones.