Should wife add her name to the deed to their home
Shay: Hi, Tom. Thanks for taking my call.
Attorney Tom Olsen: Sure.
Shay: I have a question about the names on our home. We just recently paid off our mortgage, which we're thrilled about. However, my husband had received advice to only keep his name as the owner of the home as opposed to having us both listed in the event that I got into trouble or a lawsuit, and someone were to come after me for money for any reason. Right now, we only have him listed. Then I've been told that there's a Homestead Act in Florida that would protect our home in that situation. I'm just trying to-
Tom: Shay, is your name already been removed from the title to the home?
Shay: No, he had purchased it just before we were married.
Tom: All right. Shay, you need to have your name on the title to that home. Shay, here in the State of Florida, the home you live in is absolutely protected from creditor claims, doctors, hospitals, credit cards, et cetera. Having your name on the home is not going to make it liable to your creditor. Shay, it's automatically protected because it's your homestead. Shay, how long have you all been married?
Shay: For six years.
Tom: Shay, I'm recommending for you that your name be added to the title of your home. This reason that it may be subject to your creditor claims is not a valid reason. You've heard it from me, Shay, I think you should pursue making this happen. Shay, good luck to you.
Shay: Thank you so much, Tom.
Tom: You're welcome.
Shay: Thank you.
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