How to Transfer Ownership of an Unrecorded Document
Unrecorded documents are legal documents that have not been filed with the appropriate government office. The most common types of unrecorded documents that concern issues of ownership are unrecorded property deeds. They are fairly common in rural areas where properties have been owned by one family over several generations. There are several different ways to transfer property ownership, and each of them begins with the official recording (filing) of the unrecorded deed as the first step.
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Instructions
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1
File the unrecorded deed with the local county recorder's office. At the same time, file an affidavit of ownership in tandem with the deed. There will be a nominal filing fee for the service, and this is the first step no matter which of the following methods is used to transfer ownership of the property. It is important to get on record with the county government that you own the property before you give it to someone else. You will need the services of an attorney to create the affidavit of ownership, and the affidavit will need to be signed, witnessed and notarized.
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2
File a quiet title for the property at the county recorder's office if you live in a state that recognizes adverse possession. Adverse possession allows an individual to claim ownership of a property that he has been using and caring for over a long period of time. In Texas, for instance, that time period is a minimum of five years. Since the unrecorded deed is not an official claim until it is properly filed (at which point it ceases to be unrecorded), filing a quiet title will allow you to stake a second official claim on the property. A quiet deed is an extra measure of official evidence of ownership. Drawing up a quiet title requires the services of an attorney.
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3
File a quitclaim deed if you wish to transfer ownership and there does not need to be a closing process. Quitclaims are available from your local county recorder's office, and you must be on record with the county as the property's owner in order to file one (hence steps 1 and 2). The transfer of ownership via a quitclaim deed can include a monetary exchange. If money does change hands along with the property ownership, the receiver of the property's ownership is responsible for paying county sales tax on it.
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File a gift deed that transfers ownership from you to someone else if you do not want any monetary compensation for the property. The recipient will be responsible for any gift tax due. As with quitclaims, gift deeds can only be filed if you are on record with the county as the property's true owner. The services of an attorney are necessary for drawing up a gift deed.
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Tips & Warnings
Most real estate transactions involving unrecorded deeds have an additional level of risk to them. Always consult an attorney when considering buying, selling or simply transferring ownership of a property with an unrecorded deed in its history.
Do not purchase a property that has an unrecorded deed. Insist first that the owner record the deed. You will not be able to get title insurance on the property until its prior ownership has been officially clarified.
