Interests in property (such as who has title to a parcel of land) must be written and contained in a legal document called a “deed.” Complications arise in situations where two people marry or become business partners. Usually, one person has title to the property and wishes to add someone else to the title. Unlike other legal documents which can be amended, adding a name to a property deed typically requires executing and filing a new deed.
Receive written consent from your mortgage company or lender if the property is encumbered with a mortgage. Mortgages usually contain acceleration clauses whereby the entire balance becomes due if the title holder transfers title or adds a name to the deed. Check your mortgage documents and work with your lender before acting.
Obtain a new deed form from the local property records office in the county where the property is located. A quitclaim deed form is commonly used when adding a name to the title.
Execute the deed. In the deed, write your name (as granter) and (if using a quitclaim deed) write “does hereby grant and quitclaim title to the property described below to [Your name and the name you are adding to the deed].” Fill out the remainder of the deed form and sign the deed. File the new deed with the property records office.
Things you need
- Blank deed form
- Permission from lender