Short Answer

In North Carolina, you add a spouse to a deed by having the current owner sign and record a new deed that conveys the property from the owner to the owner and spouse together. The cleanest way is a deed creating tenancy by the entirety (the default form of title for married couples), signed in person before a notary and recorded with the county Register of Deeds. A will cannot add someone to title during life.

Understanding the Problem

You want to know how, in North Carolina, a property owner can add their spouse to the title of a home. Here, the adult child is coordinating this, the property owner is in North Carolina where in‑person signings are required, and the family also wants to prepare a will for that owner. The firm can draft the will but does not handle deed work, so a referral for the deed is needed.

Apply the Law

Under North Carolina law, only the current owner can change who holds title. To add a spouse, the owner signs a new deed conveying the property from the owner (as grantor) to the owner and spouse (as grantees). When spouses take title together, North Carolina law presumes tenancy by the entirety unless the deed says otherwise. Tenancy by the entirety includes survivorship, so the surviving spouse becomes sole owner at death outside probate. A will does not change title until death and cannot add a co‑owner during life. The deed must be properly executed, acknowledged before a notary, and recorded with the Register of Deeds in the county where the property lies to protect against later purchasers and creditors.

Key Requirements

• Owner’s authority and intent: The titled owner must sign a new deed adding the spouse; an adult child cannot sign unless legally authorized.
• Correct deed form and wording: Use a deed that conveys to “Owner and Spouse, husband and wife,” so title vests as tenancy by the entirety with survivorship unless a contrary intent is stated.
• Proper execution: The deed must be signed in person by the owner and acknowledged before a notary public.
• Recording: File the original deed with the county Register of Deeds where the property is located to give public notice and priority.
• Taxes and fees: Real estate excise tax and recording fees may apply; a deed of gift can be used if no consideration is paid. County procedures vary.
• Estate plan coordination: Because tenancy by the entirety passes outside probate, update the owner’s will and beneficiary designations to match the plan.

What the Statutes Say

• North Carolina Gen. Stat. § 39-13.6 (Conveyances to spouses; tenancy by the entirety) – Deeds to married couples vest title as tenancy by the entirety unless the deed says otherwise.
• North Carolina Gen. Stat. § 41-71 (Right of survivorship in joint tenancy) – A joint tenancy has survivorship only if the instrument expressly provides it.
• North Carolina Gen. Stat. § 47-18 (Registration necessary to pass interests) – Unrecorded deeds are not effective against lien creditors or purchasers for value.
• North Carolina Gen. Stat. § 31-3.2 (Will passes property at death) – A will is effective at death; it does not change title during life.

Analysis

Apply the Rule to the Facts: Here, the property owner (your parent) must sign a new deed transferring the home to the owner and spouse together. Doing so as tenants by the entirety gives survivorship and keeps the home out of probate at the owner’s death. Because in‑person signings are required, the owner should sign before a North Carolina notary and promptly record the deed with the county Register of Deeds. Your firm can prepare the will, and a referred North Carolina real estate attorney can draft and record the deed.

Process & Timing

1. Who files: The property owner. Where: County Register of Deeds in North Carolina where the property is located. What: A new deed (often a deed of gift or quitclaim/limited warranty deed) with the full legal description, conveying to “Owner and Spouse” as a married couple; any required excise tax affidavit; recording fee. When: Sign in person before a notary, then record immediately.
2. After recording, obtain a stamped copy. Processing is usually same day when recorded in person; mailed/e-recorded filings vary by county.
3. Confirm the vesting language shows spouses hold title together (tenancy by the entirety). Then update insurance and finish the owner’s will so the estate plan coordinates with the new survivorship title.

Exceptions & Pitfalls

• Capacity and pressure: Ensure the owner understands and wants the change. Best practice is for the real estate attorney to meet privately with the owner and document capacity to reduce future undue influence claims.
• Wrong vesting: If the deed doesn’t reflect spouses or doesn’t state survivorship where needed, you may end up with no survivorship. Use clear spousal vesting.
• Mortgage issues: Adding a co‑owner can implicate loan terms. Review the deed of trust and speak with the lender before recording.
• Execution defects: Missing acknowledgment, incorrect legal description, or name errors can delay or invalidate recording.
• Authority limits: An adult child cannot sign for the owner unless a valid, properly drafted power of attorney authorizes such a transfer; if capacity is in question, consult about guardianship options.

Talk to a Estate Planning Attorney

If you’re coordinating a deed update and will for a North Carolina property owner, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.