Adding a Spouse to the Deeds
19 February 2026 · Mary Molloy Solicitors
A house bought before the marriage, still in one name; a spouse who wants the ownership to reflect the partnership. Adding a spouse or civil partner to the title is among the most benign transfers in conveyancing — spousal transfers are generally exempt from stamp duty — but the mortgage makes it a lender matter, not just a family one.
The lender's consent is the gateway
The mortgage almost certainly prohibits transferring any interest in the property without the lender's consent. In practice, adding an owner means adding a borrower: the incoming spouse joins the mortgage, the lender underwrites the change, and the transfer and mortgage documents complete together. Skipping consent and quietly registering a transfer breaches the mortgage conditions — do it properly.
What the transaction involves
A deed of transfer from sole name into joint names (choosing joint tenancy or tenancy in common — a decision with succession consequences worth discussing), the lender's consent and mortgage documentation, family home declarations, and registration at Tailte Éireann. Where there is no mortgage, the transaction shrinks to the deed, declarations and registration.
Worth knowing before you decide
A spouse already has significant protections without being on the title: the Family Home Protection Act requires their consent to any sale or mortgage of the family home, and succession law provides a legal right share. Adding them to the title is still often the right call — for certainty, for survivorship under a joint tenancy, for shared control — but it is a choice to make with the succession picture in view. On the tax side, spousal transfers enjoy broad exemptions; confirm your specific position with your accountant or Revenue, as we do not advise on tax.
Read more in our main guide: Transfer of Equity: Adding or Removing a Name from the Title · or back to the blog.
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