Owning a home is one of the biggest financial investments you’ll make, and there may come a time when you need to add or remove someone from the property deed. Whether it’s due to marriage, divorce, inheritance, or a financial decision, understanding the right steps is crucial to ensuring a smooth and legally sound transfer.

What is a Property Deed?

A property deed is a legal document that establishes ownership of real estate. Unlike a mortgage, which relates to financing, the deed determines who legally owns the home. Any changes to property ownership must be documented through a new or updated deed.

Adding Someone to Your Deed

Adding a person to your deed means granting them legal ownership of the property. This could be a spouse, family member, or business partner. Here’s how you can do it:

  1. Consult with a Title Company or Attorney – Before making changes, seek professional guidance to understand the legal and financial implications.

  2. Obtain a New Deed – A new deed must be prepared to reflect the updated ownership. This is usually done through a Quitclaim Deed or a Warranty Deed.

  3. Sign the Deed with a Notary – All parties involved must sign the deed in front of a notary public to ensure it is legally valid.

  4. Record the Deed with the County Recorder’s Office – The updated deed must be filed with the local government to make the ownership change official.

  5. Notify Your Lender (If the Property is Financed) – If your home has a mortgage, your lender must approve the change before it is recorded.

Removing Someone from Your Deed

Removing a person from a deed can be more complex, especially if the home is financed. Common reasons include divorce, death, or property transfers. Here’s how to proceed:

  1. Check Ownership Structure – Determine if the ownership is joint tenancy, tenancy in common, or another form, as this affects the process.

  2. Prepare a New Deed – Similar to adding someone, a new deed (such as a Quitclaim or Grant Deed) must be created to reflect the updated ownership.

  3. Sign and Notarize the Deed – The person being removed must voluntarily sign the deed before a notary.

  4. File the Updated Deed with the County Recorder – Officially recording the document ensures the ownership change is legally recognized.

  5. Consult with Your Lender (If the Property is Financed) – If a mortgage is involved, the lender must approve any ownership changes. In some cases, refinancing the loan may be necessary.

Key Considerations Before Making Changes

  • Mortgage Liability – Removing someone from the deed does not remove them from financial responsibility if their name is still on the mortgage.

  • Tax Implications – Property transfers may have tax consequences. Consult a financial advisor to understand potential liabilities.

  • Title Insurance – Updating your title insurance policy ensures continued protection against ownership disputes or claims.

Work with Experts for a Smooth Process

Transferring property ownership is a legal process that requires attention to detail. Working with a title company, real estate attorney, or lender can help avoid costly mistakes and ensure compliance with local regulations.

If you’re considering adding or removing someone from your property deed, reach out to Great Move Realty today for expert guidance and seamless execution.

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