If the deed to the house says husband or wife instead of husband and wife is it legal.

I see that you are in Yulee. My firm is local, so we can help you with this issue if you would like to hire us. Our web site is linked below.

Both of the previous answers were very good about the theoretical question of if this language is "legal." However, I think the more important question is "should we fix it?" My answer to that is absolutely YES. Based on what you described, I think any potential problems could be eliminated by a quit-claim deed. Rather than face uncertainty and potential title issues down the road, why not fix it now?

I recently handled a closing where the owners were a husbfor the title and and wife and three children. The husband and wife and one of the children had passed away. One of the children had prepared the deed and put and/or between all of the names. When I spoke the attorney for the title insurance underwriter, he pointed out that there was some uncertainty about whether the surviving owners truly had survivorship rights. Your situation is different, but it sounds like at least one person has raised the question.

For tenants by the entireties ownership, a husband and wife own as if they were one person, not two. Both owners have t o sign a deed to a third party for it to be valid. The use of "or" between the names might suggest to some that either of you could sign the deed without the other. This at least might raise a question about whether you have tenants by the entireties ownership.

You and your husband could have a new deed prepared by a real estate attorney in your area with the appropriate language, elimating any question about the issue. It might cost a few hundred dollars, but when you consider the value of your home and the cost of arguing about the issue later, it's worth it.

I hope that helps.

Ownership of real property is different from ownership of bank accounts and other types of personal property. The conjunction you use between the husband's name and the wife's name is inconsequential. If the names of both the husband and the wife are shown as grantees on the deed, they own the property as tenants by the entirety unless the deed clearly shows that they intended to take the property in some other fashion. You do not have to record a new deed. If you have further questions about the status of your title, you should consult an experienced real estate lawyer in your area.