Adding Names to a Property Deed

Names can be added to a deed at the county clerk's office or by a title company.

Adding names to property titles or deeds is common for couples who marry or divorce and remarry after the purchase of the property.

You can add names to the title to your home by visiting the local Clerk of the Circuit Court's Office, County Assessor's Office, Property Appraiser's Office, Property Comptroller's Office, or Tax Collector's Office and obtaining the documents they provide for a title or deed name change, but it is advisable to have a title company or real-estate attorney prepare and review the documents.

Instructions

1. Gather all documents that provide proof of the identity of the person you want to add to the property deed. These can be a marriage certificate or a certificate of legal name change. You'll also need government-issued photo identification and the person's full legal name, date of birth and social security number.

2. Contact the mortgage company or a title company. If the property has a mortgage lien against it, the mortgage holder will have to approve any changes to the title or deed (mortgages typically include provisions that prohibit any change in the title or deed). If there is no mortgage lien, contact a local title company to ask what documents are necessary to add a name to the title or deed in your circumstances. Laws differ from state to state as to the documentation needed for adding a name on the title to a home.

3. Visit the Clerk of the County Office or Property Comptroller's Office (whichever is responsible for recording property transactions in your jurisdiction). At the office you can obtain the necessary forms to add a name to the title to your home. Alternatively, these forms may also be obtained and prepared at a local title office or agency. In either case, you will have to pay fees (such as a filing fee or title company's document-preparation fee) to record the name addition on the title or deed.

4. Obtain the new deed. Once the deed reflects the name addition, it must be recorded by the local government agency that is responsible for recording real estate transactions (such as the County Property Appraiser's Office, Tax Collector's Office, Clerk of the Circuit Court's Office, Property Comptroller's Office et cetera). If you use a title agency or have a real-estate attorney draft the documents, a portion of their fee will go expressly to recording the new title or deed.

Tips & Warnings

• It is advisable to make copies of all documents filed and keep them in a location other than your home in case of disaster.

References

• "Real Estate Transactions: Examples and Explanations, Fourth Edition"; Barlow Burke; 2006
• "The Complete Dictionary of Real Estate Terms Explained Simply: What Smart Investors Nee"The Complete Dictionary of Real Estate Terms Explained Simply: What Smart Investors Need to Know"; Jeff Haden; 2006d to Know"; Jeff Haden; 2006