Adding a spouse
After marriage, one spouse may deed the home to both. The current owner signs a new deed naming both as owners. Many couples choose a form of joint ownership that passes the home to the survivor, but the available forms depend on state law and are a legal question.
The deed should state exactly how the two will hold title.
Removing a spouse after divorce
A divorce judgment or settlement agreement may require one spouse to transfer their interest. The leaving spouse signs a deed before a notary. The deed does not remove their responsibility on the mortgage. Only the lender can do that, usually through a refinance or release.
Many people overlook this, and it can affect credit.
Lender and title concerns
A mortgage may contain a clause allowing the lender to demand repayment on transfer. Federal law protects certain transfers between spouses, but check your loan terms and ask the servicer. Title insurance may also need updating or confirmation of continued coverage.
Homeowners insurance should list all owners.
Get it notarized online today
Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email
A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.
What you need
- A valid government photo ID
- A computer or phone with a camera
- The unsigned document
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers
Tax and benefit questions
Transfers between spouses can have transfer tax, gift tax or basis implications that depend on circumstances. Eligibility for property tax programs or benefits may also change. These points belong to a CPA, enrolled agent or attorney.
A notary cannot advise on any of them.
The practical steps
Get the current deed, prepare a new one through an attorney or title company, and schedule a notary appointment. Each person giving up an interest must sign with valid ID. Record the deed with the county and keep the recorded copy. If a spouse is in another place, a mail-away signing or an approved remote notarization may avoid travel. Update the mortgage servicer, insurance company and tax records after recording so notices go to the right people.
A quick scenario and checklist before the appointment
A couple divorces and the agreement says the home stays with one spouse. The other signs a deed before a notary. The remaining spouse refinances in their own name to take the other off the loan. After the refinance closes, the old loan is paid and a release is recorded.
Without that refinance, the departing spouse could remain responsible to the lender.
Obtain the current deed and any divorce or marriage documents the attorney requests. Confirm the legal description. Decide how title will be held. Check the mortgage terms. Bring IDs for everyone who signs. Ask the county recorder about transfer forms and fees, which change over time.
Remember to update your estate plan after any change in title. A will or trust written when you owned the home alone may not fit the new arrangement. Beneficiary designations, insurance policies and powers of attorney should be reviewed too. A short meeting with your estate attorney after recording can keep the pieces in line.
Common questions
Does adding a spouse require the lender's permission?
Federal law protects some spousal transfers, but loan terms differ. Ask your servicer.
Does a divorce decree change the deed automatically?
Usually not. A deed or recorded order is typically needed. Ask your attorney.
Can both spouses sign at different times?
Often yes, each before a notary, if the attorney or title company agrees.
More notary guides
- How Document Recording Works: From Signing to Public Record
- Who Can and Cannot Be a Witness to a Signing
- Recording a Deed in NJ: Fees by County, Forms & Timeline
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.