ABA Family Legal Guide

Home Ownership

Property Rights and Restrictions

Ownership Options

Should a married couple ever title their house in only one name?

In addition to estate tax planning considerations, one of the chief concerns when deciding whether property should be owned in a single name is liability for court judgments. For example, take the case of a house in the husband's name alone. Let's say he loses a lawsuit over a car accident and his insurance won't cover the judgment. Because the property is solely his, he might be forced to sell it to cover the judgment. (In twenty-two states, some protection is offered through a homestead exemption, which allows people to keep a small house to live in.)

Some people might want to title the house in only one name precisely to avoid such judgments. For example, a doctor without malpractice insurance might want to deed the house to her husband. But consult a lawyer about all the aspects of your situation, including tax and possible fraud implications, before making such a decision.