Is it fraud to sign a deed as husband and wife if you're not married?

Question

A friend of mine is living with her ex-husband. He recently re-financed his mortgage and added her to the deed. Wonderful, except the paperwork reads "jack and jill, husband and wife"; they never re-married. Is this legal?

Answer 1

Need a corrective deed recorded. They are not married; and in most states, tenants by the entirety (married) estates have a different legal standing than the Joint tenants status that they currently hold.

Answer 2

They are stating something that is untrue, so yes it is a fraud.

My guess is they were trying to save money. Most jurisdictions charge a fee for transferring a property that is based on the value of the property, not just a flat fee. However, you can be exempt from this and pay a flat fee if you are transferring a non-commercial property to your spouse or are adding them on title.  

Answer 3

Are they living as husband and wife? Do they usually refer to themselves as husband and wife? Depending on the State, they might actually be married.

Answer 4

Nope, very fraudulent.  Boy, will this be wonderful should they split up and try suing each other in court.  Both will be going to prison.

Or they'll be going to prison should the mortgage people check up on them.  Marriage and divorce are public record.