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Determining property ownership and changing the deed
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Got someone's name on the deed to your property that doesn't belong there? While it's not as simple as erasing or striking out that name, the process of removing that name is actually pretty simple. You just need to create a new deed without their name on it. This deed is a public record that shows the property ownership has changed. Read on to learn all of the details about how to take someone's name off a deed if you own real property in the United States, including whether you can do this without them knowing.
Removing Someone from a Deed
Take someone's name off of a deed by recording a new one without their name on it. Generally, you'll need their consent and their signature to do this. If the person is dead, submit their death certificate and a notarized affidavit along with the new deed.
Steps
Section 1 of 7:
Taking a Name Off a Deed
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Discuss the property interests at stake. There are different ways that people can own real property, either as a group or on their own. The biggest difference between the different types of joint ownership is what happens when someone dies. You also want to look at percentages of ownership if there are multiple names still listed on the deed. [1] X Research source
- For example, if your mother wants to take her name off of the deed to the family home and leave it to her 3 children, she would need to consider how she wants the 3 of you to inherit.
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Get a copy of the current deed. Call or stop by the county recorder's office in the county where the property is located to get a copy of the current deed they have on file. This deed will have all of the information on the property as well as all of the names of the people who currently have ownership interests in the property. [2] X Research source
- While deeds are public records, the search process varies. While you might be able to search or even order a copy of the deed online, you'll typically have to go to the recorder's office in person to pick it up.
- The recorder's office may charge a small fee for a copy of the deed, typically less than $10. [3] X Research source
- Pay attention to how you took title on the current deed. Some forms of ownership, such as joint tenancy with rights of survivorship, don't require you to file a new deed to take full ownership of the property when the other owner dies. [4] X Research source
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Complete the new deed form. Get a blank form from the county recorder's office in the county where the property is located. On the form, copy the property description, parcel number, and other property information exactly as it appears on the current deed. Type or write legibly in blue or black ink. [5] X Research source
- Any differences in the information on the two deeds could cause problems later if you decide you want to mortgage or sell the property. Proofread carefully and make sure everything is exactly the same.
- Filling out a deed properly can get complicated. If you're not 100% confident, consider hiring an attorney to help you.
- You can also find forms at your local library, office supply store, or title company—just make sure the form you use is accepted in the county where the property is located. [6] X Research source
- Most states have preprinted forms that you can use, but some don't! If your state doesn't have forms, it's probably best to get an attorney to help. [7] X Research source
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Have all people listed sign the deed in front of a notary public. Everyone whose name appears on the current deed needs to sign the new one—including the person whose name you're taking off. Signing it in front of a notary verifies everyone's identity and the voluntary nature of the transaction so there aren't any challenges or questions later. [8] X Research source
- If the person whose name you're removing from the deed has died, you'll still need to visit a notary to have your court affidavit notarized. This affidavit certifies that you're the correct person to dispose of the property or get the deceased person's name removed from the deed. [9] X Research source
- Even if your county doesn't require deeds to be notarized, it's still a good idea to get it done. It will make it a lot more difficult for the person whose name was removed to question the transfer later on or claim it was done fraudulently.
Alan Northcott, Veteran Real Estate AttorneyTo remove someone's name from a property deed, you must file a new deed transferring their interest. The simplest approach is having them sign a quitclaim deed releasing rights to you. If uncooperative, an attorney can help file suit to force transfer or clear a deceased ex-spouse's name.
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Submit the new deed to be recorded. Take the signed deed to the recorder's office for the county where the property is located. You typically don't need an appointment, but it's a good idea to call ahead and make sure. You can also find out how much you'll have to pay for the transaction and what methods of payment are accepted so you'll be prepared. [10] X Research source
- The office will charge you a filing fee to record the deed. The amount of the fee varies from county to county, but it's usually less than $50. [11] X Research source
- If the person whose name you're removing has died, get a copy of their death certificate and a notified affidavit to submit along with the new deed.
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Ask for a certified copy of the new deed. The new deed is official as soon as it's recorded, but a certified copy ensures that you can prove your ownership to anyone who asks. It's a good thing to have just in case an issue comes up with the property in the future. [12] X Research source
- Keep your certified copy in a safe place. If there are other owners of the property listed on the deed, order certified copies for them as well.
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Section 6 of 7:
Filing an Affidavit if the Owner is Deceased
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Find out if the deceased person left a will. If the person whose name you want off the deed is deceased, you may have to go through probate first. Probate is a court proceeding that distributes a deceased person's assets after their debts are paid. If the person left a will, call the probate court in the county where they were a resident.
- The probate court clerk should be able to tell you if the person's will has been entered into probate yet. You may also be able to find out who was named their personal representative, or executor of their estate.
- In some areas, you may be able to avoid probate if the deceased person has a very small estate and you are their only heir. Other conditions may also apply, depending on your state's laws.
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Consult a probate attorney. Probate law can be complicated and confusing. Many probate attorneys offer a free initial consultation. Even if you don't think you need to hire an attorney to represent your interests, you may still have questions they could answer for you.
- If you do plan on hiring an attorney , try to meet with at least 3. Then you can compare to find the best attorney to represent your interests.
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Ask for blank property transfer forms at the probate clerk's office. If your state allows heirs to take property without going through probate, the probate clerk will have forms that you can fill out. On these forms, you'll need to provide details about yourself, the deceased person, and your relationship to that person.
- List the date the person died, and where they died. Explain your relationship to the deceased person and why you are entitled to the property.
- Typically, the form also requires the legal description of the property found on the deed, as well as the specific wording on the deed that defines their interest in the property. Go to the recorder's office of the county where the property is located to get a copy of the current deed if you don't have one in your records.
- You may also be able to find forms at the public law library in the county courthouse. Ask the law librarian there if you need help finding them.
Tip: Clerks and law librarians can't give you legal advice, but they can help you understand the forms. If you see a term or phrase you don't understand, ask them to explain it to you.
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Sign your affidavit in the presence of a notary. By definition, an affidavit is a statement given under oath. Typically, a notary is required to administer this oath. A signed and notarized affidavit is a legally binding document.
- The notary will also verify your identity. When you go to the notary, bring at least one government-issued photo identification card or document, such as a state-issued driver's license or a passport.
- After the affidavit is signed and notarized, make at least one copy for your records.
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File your forms with the probate court. To claim an interest in real property, you typically need a court order. Expect to pay a filing fee when you file your forms – typically less than $50. Call ahead to the clerk's office to find out the amount of the fees and the methods of payment accepted.
- Make sure you've included any required attachments or exhibits , such as the person's death certificate and a certified copy of the will.
- Take at least one set of copies along for the clerk to file-stamp, so you'll have those for your records.
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Take your signed order to the recorder's office. Have the signed order recorded in the recorder's office for the county where the property is located. Expect a small recording fee, typically less than $50. Once the order is recorded, you are the sole rightful owner of the property.
- The court may mail the order to you after the judge signs it. In some courts, the clerk's office may call you to come and pick it up, while in others they simply tell you to come back after a specific period of time.
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Section 7 of 7:
Removing a Deceased Spouse's Name
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Determine how you took title on the current deed. Depending on the wording used to show the ownership of the property, you may not have to do anything at all. If you and your spouse owned the property with rights of survivorship , the property ownership automatically transfers to you on the death of your spouse. [24] X Research source
- If you took title as "joint tenants," you also automatically get the other owner's share upon their death. There is no reason to file another deed.
- If you see any language on the deed other than "joint tenants" or "rights of survivorship," consult an attorney. It's possible that you'll have to go through probate. For example, if the two of you took title as "tenants in common," your spouse may have left their share to someone else, and you'll likely have to go through probate.
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Download and complete "change in ownership" forms. Some states, such as California, require "change in ownership" forms within a limited period of time after someone dies who owns real property. These forms deal with tax assessment. While they don't necessarily get your deceased spouse's name removed from the deed, they ensure that property taxes are no longer assessed as though your spouse was still alive. [25] X Research source
- These forms may be available for download from the website of the tax assessor's or recorder's office. If you want to pick up paper forms in person, visit the local tax assessor's office.
- An inventory or appraisal of the property may be required before you can file change in ownership forms.
- If your spouse had a will, work with the personal representative or executor of the estate to get these forms completed promptly.
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File change in ownership forms at the recorder's office. Change of ownership forms must be filed at the tax assessor's office for the county where the property is located within 150 days of the date of death. The forms can perform double-duty if you also file them at the recorder's office as proof of death. [26] X Research source
- These forms are typically filed by your spouse's personal representative or executor. If you are not the executor of your spouse's estate, work with them to get copies of the forms filed at the recorder's office.
- You will likely need to include a certified copy of your spouse's death certificate along with these forms.
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Record the deceased spouse's death certificate. If you owned the property together with your spouse and had rights of survivorship, make your spouse's death part of the property record. This makes it clear that you are the sole owner of the property.
- A new deed isn't required since there's been no transfer of ownership. Your spouse's ownership interest was extinguished when they died.
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Tips
- If you've recently changed your name and want to remove your old name from the deed and replace it with your new name, get the form for a grant deed. You can "transfer" the property from your old name to your new name. [27] X Research sourceThanks
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Warnings
- This article covers the process of getting someone's name off a deed in the US. If you live in another country, consult a local property law attorney to find out the process in your area.Thanks
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References
- ↑ https://www.boe.ca.gov/proptaxes/pdf/Ownership_DeedRecording.pdf
- ↑ https://www.mdcourts.gov/legalhelp/landrecords
- ↑ http://rd.ingham.org/
- ↑ https://saclaw.org/wp-content/uploads/sbs-completing-and-recording-deeds.pdf
- ↑ https://www.mdcourts.gov/legalhelp/landrecords
- ↑ https://www.lenawee.mi.us/Faq.aspx?QID=210
- ↑ https://dlnr.hawaii.gov/boc/faqs/
- ↑ https://www.boe.ca.gov/proptaxes/pdf/Ownership_DeedRecording.pdf
- ↑ https://saclaw.org/wp-content/uploads/sbs-completing-and-recording-deeds.pdf
- ↑ https://www.peoples-law.org/steps-recording-maryland-real-estate-deed
- ↑ https://saclaw.org/articles/making-real-estate-changes-official/
- ↑ https://www.peoples-law.org/steps-recording-maryland-real-estate-deed
- ↑ https://massrods.com/middlesexnorth/massachusetts-real-estate-ownership/
- ↑ https://www.lakecountyohio.gov/common-pleas/foreclosure/
- ↑ https://www.boe.ca.gov/proptaxes/pdf/Ownership_DeedRecording.pdf
- ↑ https://massrods.com/middlesexnorth/massachusetts-real-estate-ownership/
- ↑ https://texaslawhelp.org/article/shared-ownership-of-real-property-in-texas
- ↑ https://www.boe.ca.gov/proptaxes/pdf/Ownership_DeedRecording.pdf
- ↑ https://massrods.com/middlesexnorth/massachusetts-real-estate-ownership/
- ↑ https://massrods.com/middlesexnorth/massachusetts-real-estate-ownership/
- ↑ https://saclaw.org/resource_library/adding-or-changing-names-on-property-completing-and-recording-deeds/
- ↑ https://saclaw.org/resource_library/adding-or-changing-names-on-property-completing-and-recording-deeds/
- ↑ https://saclaw.org/resource_library/adding-or-changing-names-on-property-completing-and-recording-deeds/
- ↑ https://saclaw.org/wp-content/uploads/sbs-completing-and-recording-deeds.pdf
- ↑ https://www.capropeforms.org/counties/Sacramento/form/BOE-502-D/
- ↑ https://www.capropeforms.org/counties/Sacramento/form/BOE-502-D/
- ↑ https://saclaw.org/wp-content/uploads/sbs-completing-and-recording-deeds.pdf
About This Article
Article Summary
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If you want to remove someone’s name off a deed, you can simply fill out and sign a quitclaim deed to transfer the ownership. However, if you don’t have the person’s permission, or they’re deceased, the process is a bit more complex. If you don’t have their permission, you’ll need to use a warranty deed. Hire an attorney for this if you can, since the process can be complicated. If the person is deceased, you’ll need to file an affidavit in court with the help of an attorney. They’ll walk you through the process of probate, to make sure the person’s debts are all paid, and giving a statement in court that you think the person’s name should be removed. To learn how to remove a spouse’s name from a deed, read on.
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