Adding, removing, or changing a name on the title of real estate can only be done by recording a new deed showing the change. Many people think they can simply go into the local recording office and change the real estate deed on record. However, once a real estate deed is recorded, it cannot be changed.
The most common deed used to change or update the record owners is a quit claim deed.
To add someone to the title, the current owner of the property transfers their interest to the person being added AND themselves: "Jane Doe quitclaims to Jane Doe and John Smith"
To remove someone from the title or deed while the owners are all alive, the person being removed can quitclaim their interest to the remaining owner(s). If the property is jointly owned by two or more people with the right of survivorship, the remaining owners can record a copy of the decedent's death certificate, along with any required supporting documents and a new deed, showing the change in circumstances. The deceased owner's property rights are then distributed equally among the survivors.
To change a person's name on the title, as in the case of a marriage, the person would quit claim the property with his or her old name as the grantor and the new name as the grantee.
Note that any such changes on mortgaged property may require giving notice to and seeking approval from the lender prior to recording the new deed.
Please contact an attorney with questions about adding, removing, or changing the names on a real estate deed.
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January 3, 2012, Deeds.com - Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date.