Signing property over to another person is done by signing and then recording a deed in the public records. This is done to notify the world that you no longer have an interest in the property. The kind of deed you choose will depend upon what kinds of warranties you are willing to make about the property you are signing over. There are several different kinds of deeds, and your choice of which kind depends upon your intent. For example, a warranty deed offers warranties to the new owner that the property title is free from title defects. A quitclaim deed, however, does not offer this warranty; it simply conveys any interest that you have (or may not have) in the property.
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Locate your existing deed. You will use it as a reference when signing over your deed to a sibling. If you are simply adding a sibling to the deed, it is highly recommended that you contact a tax attorney or financial planner before doing so as there may be financial consequences of adding someone to your title. If you are transferring all of your interest to a sibling, you can easily prepare a deed for recording. A commonly used deed to transfer interest between family members is the quitclaim deed.
Review all of the information on your current deed, checking for any errors in spelling of your names, the property address and the property legal description. If you don't know your legal description, verify it against your property tax bill.
Obtain a blank quitclaim deed form through an online website such as lawdepot.com, or purchase one from an office supply store. You may also be able to obtain a blank quitclaim deed form from your county clerk's office. Using your existing deed as a guide, copy all of the appropriate information onto the new deed. Fill in your sibling's name under the "grantee" or "buyer" section of the deed.
Sign the deed in the presence of a notary and the number of witnesses required by your state's statutes. If your state requires it, have your sibling sign as well. Mail or hand deliver the deed to the county clerk's office, pay the required fee and have it recorded in the public records.
Tips and warnings
- If you add someone to the title with you, the only way he can be removed from the title is by giving his interest back to you through a deed, or you taking him to court. Depending upon the situation, it may not be possible to have his interest removed so it's vital that you understand all of the repercussions that could result from your actions. It's highly recommended to consult an attorney before signing a deed.
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