Occasionally, you may want to change the name of the owner of a house that is listed on the deed for the property. This might be for inheritance of the house from a last will and testament, acquisition of the house pursuant to a divorce settlement or to correct a misspelled deed.
Obtain the current property records. These include the original deed, tax paperwork that may have been filed with the state where the property is situated and surveys.
Review the documents to find out who is listed on the deed as the owner of the property. Generally, the owner will be designated as the "purchaser".
If there are names on the deed that must be removed, contact these people to get their consent. Give them the documentation to make the change. You can get this documentation by visiting a legal supply store and requesting the deed change forms, by visiting a law library or by going online and visiting legal service and/or deed entities.
If there is a mortgage on the property, check with the financial institution to make sure there are no requirements to changing the deed. You may need to have the institution's approval before making the formal, legal change.
Once you are ready to make the change, get the exact type of deed form you currently have in your possession. On the top of the page, usually in the upper right corner, there will be a form name and/or number for reference. Get this form and complete it.
Get the mailing address of the court in your jurisdiction and any special instructions required. You may have to supply identification and/or obtain a title report from a real property title company. If so, contact your local bar association or attorney to get a reference for a title company. You may have to file new tax paperwork and/or other state real property transfer reports and a court fee with your new deed. Be sure to obtain all requirements before filing the new deed.
File the form and request a certified copy of the new deed. Once the new form is complete and returned to you, contact the local tax receiver's office to inform it of the new owner. Also, advise the mortgage company of the change.
It is always a good idea to consult with an attorney before taking any legal action.
This is not legal advice but general information. Every jurisdiction is different in its requirements for filing a deed; thus, it is imperative that you ascertain the specific details for your state.
Tips and warnings
- It is always a good idea to consult with an attorney before taking any legal action.
- This is not legal advice but general information. Every jurisdiction is different in its requirements for filing a deed; thus, it is imperative that you ascertain the specific details for your state.