In order to add another person to a house deed, the homeowner must execute with that person a new deed or a legal instrument known as a quitclaim deed. A quitclaim deed is usually used in transfer of real property in which the granter passes their interest of said property to another individual, called the grantee, without warranties.
Most jurisdictions will require a reordering of the deed, with all new party's names and property description included and a notarised document filed with the Clerk of the Court or County Registrar.
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Get express written permission from the mortgage company to add another person to the house deed. If there is a mortgage present, the mortgage loan may be deliberately violated by changing the titling of the property to include another individual. (This should also be done if there is a second mortgage or a home equity loan present on the property.)
Prepare a new deed. Necessary documents may be found at the local library, Clerk of the Court or County Registrar's Office. In some instances, a quitclaim deed may be used to add another person to the house deed, but homeowners should first consult a licensed title agent or a real estate attorney. The new deed will have to include the full names of the individuals taking interest in the home and a full legal description of the property. In most cases, the new deed will have to be signed before a witness and notarised.
File the new deed with the Clerk of the Court or County Registrar's Office. The Clerk of the Court or County Registrar's Office will have to record the new instrument in order for it to be legally sufficient. There will be a fee schedule detailing what fees are required to file the new deed. Laws and procedures differ from jurisdiction to jurisdiction, so contacting the appropriate local office will be necessary to file the new deed and have it recorded.
Tips and warnings
- Before adding another person to the house deed, consult a real estate attorney or title agency.
- Adding another person to a house deed may also carry tax implications
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