Owning property is a major milestone, but life changes sometimes mean you’ll need to add or remove someone from your deed. The process can be simple if you understand the paperwork, fees, and requirements involved.
Whether you’re getting married, divorced, or transferring ownership to a family member, it’s possible to add or remove someone from a deed without hiring an attorney.
Why You Might Need to Change a Deed
There are many reasons people update property deeds. Newlyweds may want to add a spouse, while someone going through a divorce might need to remove one. Parents may add children to prepare for inheritance, or family members may transfer ownership to simplify estate planning.
No matter the reason, the key point is that a deed reflects legal ownership. If it isn’t updated correctly, it can cause significant complications later, such as when selling the home, refinancing, or passing it on to heirs.
For guidance on safeguarding your heirs’ future, see How to Protect Inheritance Rights for Your Children.
The Basic Steps to Update Your Deed
The most common method of changing a deed is by filing a new deed document with your county recorder’s office. Here’s how it generally works:
1. Choose the correct type of deed.
Quitclaim deeds are often used for simple transfers between family members or divorcing spouses. Warranty deeds, which provide guarantees about the property’s ownership and condition, may be required for other situations.
2. Obtain the form.
Most county clerk or recorder offices provide standard deed forms online or in person.
3. Fill out the deed.
Clearly identify the current owner(s), the new owner(s), and provide the property’s legal description (found on the existing deed).
4. Sign in front of a notary.
Deeds must be notarized to be legally valid.
5. Record the deed.
Submit the completed, notarized deed to the county recorder’s office and pay the required filing fee.
Once recorded, the new deed replaces the old one as the official record of ownership.
When You Shouldn’t Go the DIY Route
While many deed changes are simple enough to handle on your own, some cases require professional assistance. If the property has an outstanding mortgage, multiple owners with unequal interests, or is tied up in an estate dispute, the paperwork can become complicated quickly. Mistakes in these situations may lead to title issues that are costly to fix.
In such cases, a real estate attorney or title company can ensure all details are handled correctly. They can also help you navigate additional steps, such as lender approval or court orders, that may be required. Knowing when to seek expert guidance protects your investment and prevents future headaches.
If you’re also granting legal authority to someone else, check out our guide on How to Set Up Power of Attorney Safely.
Costs and Considerations
While avoiding lawyer fees can save money, there are still costs to consider. Recording fees usually range from $30 to $100, depending on the county. Some states may also require transfer taxes when ownership changes.
Accuracy is critical. If you make a mistake on the form or fail to file it correctly, it could lead to legal disputes later. That’s why it’s essential to follow instructions from your county recorder’s office carefully. For complex situations, such as those involving multiple owners, large estates, or disputed ownership, consulting with an attorney may be a worthwhile investment.
For straightforward changes, however, handling the process yourself is manageable and keeps your property records up to date.
See Name Change 101: From Marriage to Personal Choice to ensure your records match across all legal documents.
