How to Add to a Grant Deed
A grant deed is the legal document most commonly used to transfer ownership of real estate. The document allows the property title to be transferred from the current owner (grantor) to another person (grantee). The grant deed must include a legal description of the property being transferred, including a description of boundaries or a parcel number. A grant deed implies that the grantor, in fact, holds title to the property, and that the property is free from any encumbrances, other than those described in the deed. You can also add another person to the property title using a grant deed.
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Instructions
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Check with your lender before executing a grant deed. Many mortgage contracts contain a due-on-sale clause, otherwise known as an acceleration clause, whereby the mortgage balance becomes immediately due when the title holder transfers ownership of the property or adds someone to the deed. Your agreement might contain an exception for spouses, so ask your lender before proceeding.
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Consult with an experienced real estate attorney. An experienced lawyer can educate you about any possible tax implications involved when you add a name using a grant deed. You will need to decide how ownership of the property will be defined in the deed, such as tenants in common, tenants by the entirety, joint tenants with right of survivorship, and so forth.
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Make an appointment with a title company to obtain the appropriate grant deed form. The title company can help you properly execute the deed according to the laws of your state. Obtain title insurance to protect you in the event of any unknown issues surrounding the title to your property. The title company usually charges a fee for its services, which may range from $75 to a few hundred dollars.
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List all present owners on the grant deed as grantors. To add a person to the grant deed, you must also list all present owners, plus the additional person, as grantees on the form. Include the address and a legal description of the property as previously explained.
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Sign the deed in front of a Notary Public. All parties named on the deed, including the person you will add to the grant deed, must sign the completed form. The form must be witnessed (in some states) and notarized before you can proceed with the final step. Some title companies have in-house notaries.
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Take the signed grant deed to the local county recorder's office. The deed will not be valid until it is officially recorded in the county where the property is located.
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