Property deeds are official real estate documents that detail ownership of a house or other property. Deeds are the only way to legally transfer home ownership to another person. There are different types of deeds to choose from depending on your situation, such as quitclaim deeds for transferring property between spouses, or warranty deeds, a much more detailed form of deed. To successfully transfer a house deed to another person you must have a deed drawn up by a lawyer and ensure the person receives the deed before having it recorded as public record in your county government.
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Research deed types to find out which deed best suits your needs. A warranty deed is a common deed used in property transfers and transfers not only the claim of property but also the warrants that the deed holder does have legal claim to the property. Quitclaim deeds are commonly used to transfer property to another but only transfers the owner's interest in selling the property to another owner; it does not make a claim about current ownership. The site also notes that quitclaim deeds are generally used when there are questions or disputes about a property title, such as with inter-family transfers.
Have a lawyer that specialises in property title and deed transfer draw up either a quitclaim or warranty deed that includes the name of the new owner. Mail the deed to the new owner via certified mail. Once the new owner receives the deed the transfer is technically complete, according to Mortgage News Daily.
Record the transfer in the county where the house is located by taking it to your county government offices. Recording the deed transfer makes the deed part of public record. While it may take a while for the deed to appear in county real estate records note that the transfer is complete as soon as the recorder's office receives the deed.
Tips and warnings
- Working in a profession where you are continually liable for your actions, such as a doctor, is considered a valid reason in the eyes of the law for transferring property to a spouse.
- Other types of deeds include beneficiary deeds, which are used to transfer property following the death of the owner.
- Transferring property to your spouse to avoid known creditors is considered fraudulent activity. Transferring the deed of your property to a spouse while being sued will not be considered a valid transfer in court.
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