Whether it’s due to death, divorce or a change in personal circumstances, it may become necessary for a name to be removed from a property deed. If it’s your name, you’ll typically complete a deed of conveyance.
Eliminating the ownership rights of someone listed on a property deed typically involves removing the names from the deed and the title. Because some types of property are better suited to specific deeds of conveyance, this process requires knowing more about the type of property you’re discussing.
Regulations differ by state and by county, so you’ll want to research your local laws regarding changes of ownership. And while you can generally complete the process yourself, it’s a good idea to seek legal counsel and have an attorney review the paperwork before you submit.
We break down when to use a quitclaim or warranty deed, how you remove a name and what the risks are.
What’s a quitclaim deed?
A quitclaim deed is used to sign over property to another person. When someone signs a quitclaim deed, it means they’re effectively giving up their claim or rights to the property. There is no exchange of money or warrantees, so it offers the lowest level of buyer protection.
Because they’re high-risk, quitclaim deeds are usually between people you trust — a family member or spouse, for example. Keep in mind that a quitclaim deed doesn’t affect the mortgage. So even if you remove a person from the deed, all parties on the mortgage are still responsible for payments.
How can I remove a name from the title deed?
A deed of conveyance — such as a quitclaim or warranty deed — is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by the buyer and the seller who is being removed from the title and deed.
Forms of property ownership
Before you transfer ownership of any property, know the kind of ownership being discussed. Some are better handled with specific deeds of conveyance.
Forms of property ownership types include:
Sole ownership. A single person owns the property.
Joint tenancy. Multiple people own the property.
Rights of survivorship. Multiple people own the property and inherit equal shares after another owner’s death.
Tenants in common. Multiple people own the property and do not inherit any shares after another owner’s death.
Tenancy by entirety. Two people own a property, one of whom inherits the entire property after the other’s death.
There are 5 steps to remove a name from the property deed:
1. Discuss property ownership interests.
Speak with any co-owners to reach an agreement about which names will be removed from the title and why. If removing your name, agree on your share of the property, who it will be transferred to and how the ownership structure is formed.
When transferring property ownership, you’ll use one of two deeds of conveyance:
A quitclaim deed. States that you have the right to transfer a property with no legal assurance that anybody else claims to own it.
A warranty deed. States that you have the right to transfer a property with an explicit assurance nobody else claims to own it.
Quitclaim deeds work for most changes of ownership. While filing requirements vary by state, they’re typically as straightforward as obtaining and filling out the proper form, having it notarized and filing it with the county. The process for filing a warranty deed is basically the same.
However, a warranty deed can be more appropriate in situations when there are multiple owners. It can also prevent future challenges to ownership because it clearly indicates the transferring party’s right to change the ownership.
2. Access a copy of your title deed.
You’ll need to get a copy of the title deed to verify that it currently includes the name you’d like to remove. Get a copy of the title deed from your county clerk’s office. In some cases, you may be able to order the deed online.
If you’re getting a copy from your local land registry office, search for your deed in their database or ask for assistance.
3. Complete, review and sign the quitclaim or warranty form.
Get a quitclaim form online, from an office supply store or from your county or city clerk’s office. If you’re looking to remove your name, you must fill out the quitclaim form, using the same name found on the title deed. Warranty deeds can also be found online, but they’re more often through the county clerk’s office.
Both quitclaim and warranty deeds are valid only when they’re executed correctly. In most counties, the deed must accurately include all parties to the deed as well as the signature of the person conveying or granting the deed.
Quitclaim and warranty deeds must clearly specify:
The name of the grantor and grantee and address of the property.
The transfer date.
The county name, state and city where the deed is signed.
A document number or reference in the county recorder’s office where the previous deed was filed.
The reason for the transfer.
What the grantor will receive from the transfer — for example, a sum of money.
The relevant county, legal property description, tax parcel ID number and other relevant financial or tax info.
The form of ownership.
Sign the deed only if correct and as advised by your attorney, if you have one. Sign in front of a certified notary witness who can acknowledge each signature.
How do I remove the name of a deceased person from a deed?
When one or more of the people on your property deed have died, you’ll need to transfer the property to its living owners. Whether a will is involved or not, if you’re a surviving owner, you’re typically required to submit three documents to your state’s clerk of courts or registrar, including:
Death certificate. You’ll need to obtain a copy of the death certificate to prove the person you’re looking to remove is deceased.
Notarized affidavit. This is a voluntary, sworn statement used by courts to confirm the death and your new ownership. It includes basic contact and information you’ll finalize in front of a notary public.
The new deed. You and any new owners will need to sign and notarize the new property deed and provide it with your other paperwork.
Contact your local courthouse or county clerk to learn more about your state’s specific requirements and any laws of inheritance.
4. Submit the quitclaim or warranty form.
Submit your form at the county or city office where you got the original property deed. Depending on the state, this office could be the county clerk or the land registry.
Some jurisdictions require additional paperwork, like tax documents. Check with your local office to make sure you have everything you need.
How to add your name to a property when all the owners have died
If a will or a court’s decision grants you ownership of real estate, you’ll need to modify the property deed to reflect you’re the new owner.
First, you’ll need to look at the original property deed and confirm it wasn’t jointly owned at the time of the owners’ deaths. If it wasn’t, then you’ll need to write up a new deed to replace the current one.
If you’re willed the property, then you’ll need an executor’s deed. If the owners died without a will and the court granted you ownership, then you’ll need an administrator’s deed. Both deeds must include the property’s legal description and your name as the new owner.
If you’re using an executor’s deed, you’ll need to include:
Confirmation the will has gone through probate
Info showing the executor is authorized to deed you the property
Names of the previous owners
If you’re using an administrator’s deed, you’ll need to draw up the deed in accordance with state law for those who die without a will.
Finally, you’ll need to sign the deed in front of a notary public. You’ll also need to have the will’s executor or the court administrator who issued the deed sign it in front of a notary. You may need to include a copy of the will as part of the deeding process as well.
5. Request a certified copy of your quitclaim or warranty deed.
AAsk for a certified copy of the quitclaim or warranty deed when you file it. You may need to pay a small fee, but keeping it on file can be useful in case of a future property ownership dispute or amendment.
It’s a complicated process. Skip the headache or simply get an expert opinion using LegalZoom. LegalZoom provides a simple and quick way to get legal services from qualified attorneys
Removing someone’s name from a mortgage
Contact your lender and see what your options are. You may have to refinance the mortgage to remove a cosigner, but you should also ask about mortgage assumption and mortgage modification.
In a mortgage assumption, one borrower takes over another’s existing home loan. This option allows you to release a borrower from the existing home loan without refinancing.
Loan modification is a change made to the loan’s terms. Though these are usually used in times of financial hardship, the lender may allow a modification to release a borrower.
If none of these options work or if neither borrower can afford the mortgage, you might need to sell the property.
Removing someone’s name from the property deed does not remove their responsibility to pay the mortgage on the property. You’ll need to consult your mortgage provider to change a name on the mortgage itself.
If a person is no longer financially responsible for making payments on the loan, you may need to refinance the mortgage with another lender.
It can be complicated to remove a person’s name from a property deed when they don’t want it to be removed. You may need to go through a partition action, which is a lawsuit that forces co-owners to give up their ownership interests. Partition actions can be costly and time-intensive, so it’s best to use a mediator first.
It depends on your state of residence. Excise taxes are taxes paid when purchases are made on a specific good. Speak with a tax expert to determine whether you’re liable to pay excise taxes when the deed is presented for recording.
A quitclaim deed has no warranties or title, and only operates to turn property from a seller to a buyer. So if the seller owns a home, they can give a quitclaim deed to the buyer, and the seller’s entire interest has been transferred.
A warranty deed says there is no outstanding claims on the property. It includes a statement that the grantor owns the property free and clear of all liens. This deed most often represents a transfer of property, tells the world that the grantor is the rightful owner, and can transfer that ownership when it is sold or exchanged.
Access a legal property description from your local county recorder’s office typically with your municipal address or tax parcel ID number.
Many states require you to use a witness in addition to a notary public for the deed to be valid, including:
Arkansas
Connecticut
Florida
Georgia
South Carolina
Louisiana requires two witnesses in addition to a notary public. Michigan, Ohio and Vermont have required a witness in addition to the notary public in the past but no longer do so.
Costs will vary based on your lawyer’s fees and the county you live in, but you may pay upwards of $250 to remove a person’s name from a property deed. Many lawyers offer free one-hour consultations, which could help you cut down on costs. Have all the appropriate paperwork with you when you meet with your lawyer to make the most of your time spent with them.
It depends on your lawyer and how fast the county recorder’s office files the deed. Some legal advisors can get your deed processed and sent to you for review and signature within two days, but it typically takes five to seven business days.
Then you need to wait for the county recorder’s office to file the deed, which can take two weeks or more. All around, you’re generally looking at three to four weeks for the entire removal process.
Who is most likely to be researching property deeds?
Finder data suggests that women aged 35-44 are most likely to be researching this topic.
Response
Male (%)
Female (%)
65+
4.49%
5.94%
55-64
6.65%
8.89%
45-54
8.23%
10.81%
35-44
10.63%
12.39%
25-34
10.35%
10.67%
18-24
5.37%
5.60%
Source: Finder sample of 33,614 visitors using demographics data from Google Analytics
Marc Terrano is a lead publisher and growth marketer at Finder. He has previously worked at Finder as a publisher for frequent flyer points and home loans, and as a writer, podcast host and content marketer. Marc has a Bachelor of Communications (Journalism) from the University of Technology Sydney. He’s passionate about creating honest and simple reviews and comparisons to help everyone get value for money. See full bio
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I was left house in both my mother and father’s will, how do I get my name on deeds?
JonathanJuly 31, 2017
Hello Bernie,
Thank you for your inquiry.
Generally, If the home is bequeathed in a will, it is to acquire a grant of probate which would transfer the property to the beneficiary of the will. The process may require you to hire a solicitor and costs some fees. The usual process is:
1. Consult the original deed on the property to confirm that the property wasn’t jointly owned by anyone who is still living.
2. Determine the order of the joint owners’ deaths by examining their death certificates
3. Draft a new deed to replace the one on file. In your case, you’ll need a executor’s deed
4. Sign the new deed with the executor of the will or court administrator in the presence of a notary public.
Sometimes owners of a property take care of inheritance issues before they die. If your parents were able to drew up a transfer-on-death deed before they died, deeding the property to you, you’re all set.
Hope this helps.
Cheers,
Jonathan
TheresaMarch 7, 2017
I withdrew my name out of title deed of my sister’ property. Do I have to pay gift tax even though I don’t gift her?
JonathanJuly 31, 2017
Hello Theresa,
Thank you for your inquiry.
Gifts can be in a form of cash or property. If it was a property, the dollar value will depend on the fair market value that the property has.
The good news is as of 2015, $5.43M per person is excluded from gift and inheritance tax, and this is adjusted every year as per inflation. So as long as you stay below that threshold through lifetime, there is nothing to be concerned of. You may want to refer to this local revenue website for further information.
Hope this helps.
Cheers,
Jonathan
PollyMarch 5, 2017
My uncle and aunt died. I found a deed in their name. I am living in their house. No one else is claiming the small house that needs repairs. How do I put my name on the deed?
Sincerely
Polly
JonathanJuly 31, 2017
Hello Polly
Thank you for your inquiry.
An attorney or law firm must handle the property transaction. They will prepare the documents and arrange for the registration of your land title documents. The attorney or law firm should present your land title documents to the lodgement counter at the Land Registry, where quality assurance checks will be made. This is done to ensure that the information contained in each document meets the requirements of the Land Registry.
My ex and I bought into a resort. They have packages. We were given a General Warranty deed for this. Since we have broken, my question is, how do I go about having my name removed from it?
JonathanJuly 30, 2017
Hello Lynda,
Thank you for your inquiry. The usual process for removing one’s name on the deed is as follows:
1. Obtain a certified copy of the existing deed from the county clerk or recorder’s office and review the following information contained therein: names of owners, legal description, address, and tax assessment number. This should all be accurate before any changes are made to the deed.
2. Fill-in-the-blanks deed forms are usually available from online sources, a local office supply store or the county clerk’s office. These are often state-specific, which means that they use language and guidelines that are compliant with statutes.
3. In the document, the person transferring interest in the property is the grantor; the person receiving the interest is the grantee. Prepare the form by filling in the appropriate information, but don’t sign it yet.
4. Go to the county recorder’s office with the unsigned document and the identification documents of the parties involved in the change or transfer. The county clerk can act as a notary and record the document at the same time; they can even provide a witness to the signing. Otherwise, a notary can be contracted for this purpose and the executed deed can be recorded later.
Please take note that removing someone’s name from a deed does not remove his obligation to pay his portion of any mortgage on the property. The loan must also be refinanced in a separate action if needed. In cases of divorce, this is normally handled as a part of the settlement proceedings.
Hope this helps.
Cheers,
Jonathan
BarbaraMarch 1, 2017
How do I remove someone from property if they are dead
JonathanJuly 30, 2017
Hello Barbara,
Thank you for your inquiry.
Generally, we need to know how the property was transferred to the deceased person by examining the deed. If he/she was a sole owner, probate or alternative to probate may be required. If it was joint ownership, it will be an Affidavit of Joint Survivorship to avoid probate.
A probate is a legal proceeding to transfer a deceased owner’s interest to his or her heirs. It can be a long and hefty process, so it is important that you talk with an attorney regarding this. If it is through survivorship, the process may be a little easier and oftentimes, most people don’t file a new deed as it is usually transferred to whoever outlives the other.
Take note that there are conditions that need to be met and state regulations may vary. It is recommended to have a legal professional review the circumstances surrounding your request.
Hope this helps.
Cheers,
Jonathan
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I was left house in both my mother and father’s will, how do I get my name on deeds?
Hello Bernie,
Thank you for your inquiry.
Generally, If the home is bequeathed in a will, it is to acquire a grant of probate which would transfer the property to the beneficiary of the will. The process may require you to hire a solicitor and costs some fees. The usual process is:
1. Consult the original deed on the property to confirm that the property wasn’t jointly owned by anyone who is still living.
2. Determine the order of the joint owners’ deaths by examining their death certificates
3. Draft a new deed to replace the one on file. In your case, you’ll need a executor’s deed
4. Sign the new deed with the executor of the will or court administrator in the presence of a notary public.
Sometimes owners of a property take care of inheritance issues before they die. If your parents were able to drew up a transfer-on-death deed before they died, deeding the property to you, you’re all set.
Hope this helps.
Cheers,
Jonathan
I withdrew my name out of title deed of my sister’ property. Do I have to pay gift tax even though I don’t gift her?
Hello Theresa,
Thank you for your inquiry.
Gifts can be in a form of cash or property. If it was a property, the dollar value will depend on the fair market value that the property has.
The good news is as of 2015, $5.43M per person is excluded from gift and inheritance tax, and this is adjusted every year as per inflation. So as long as you stay below that threshold through lifetime, there is nothing to be concerned of. You may want to refer to this local revenue website for further information.
Hope this helps.
Cheers,
Jonathan
My uncle and aunt died. I found a deed in their name. I am living in their house. No one else is claiming the small house that needs repairs. How do I put my name on the deed?
Sincerely
Polly
Hello Polly
Thank you for your inquiry.
An attorney or law firm must handle the property transaction. They will prepare the documents and arrange for the registration of your land title documents. The attorney or law firm should present your land title documents to the lodgement counter at the Land Registry, where quality assurance checks will be made. This is done to ensure that the information contained in each document meets the requirements of the Land Registry.
You can check the Government of the Republic of Trinidad and Tobago’s Registering Land Title Documents page to know more about the procedure or if you’d like to get more information.
Hope this helps.
Cheers,
Jonathan
My ex and I bought into a resort. They have packages. We were given a General Warranty deed for this. Since we have broken, my question is, how do I go about having my name removed from it?
Hello Lynda,
Thank you for your inquiry. The usual process for removing one’s name on the deed is as follows:
1. Obtain a certified copy of the existing deed from the county clerk or recorder’s office and review the following information contained therein: names of owners, legal description, address, and tax assessment number. This should all be accurate before any changes are made to the deed.
2. Fill-in-the-blanks deed forms are usually available from online sources, a local office supply store or the county clerk’s office. These are often state-specific, which means that they use language and guidelines that are compliant with statutes.
3. In the document, the person transferring interest in the property is the grantor; the person receiving the interest is the grantee. Prepare the form by filling in the appropriate information, but don’t sign it yet.
4. Go to the county recorder’s office with the unsigned document and the identification documents of the parties involved in the change or transfer. The county clerk can act as a notary and record the document at the same time; they can even provide a witness to the signing. Otherwise, a notary can be contracted for this purpose and the executed deed can be recorded later.
Please take note that removing someone’s name from a deed does not remove his obligation to pay his portion of any mortgage on the property. The loan must also be refinanced in a separate action if needed. In cases of divorce, this is normally handled as a part of the settlement proceedings.
Hope this helps.
Cheers,
Jonathan
How do I remove someone from property if they are dead
Hello Barbara,
Thank you for your inquiry.
Generally, we need to know how the property was transferred to the deceased person by examining the deed. If he/she was a sole owner, probate or alternative to probate may be required. If it was joint ownership, it will be an Affidavit of Joint Survivorship to avoid probate.
A probate is a legal proceeding to transfer a deceased owner’s interest to his or her heirs. It can be a long and hefty process, so it is important that you talk with an attorney regarding this. If it is through survivorship, the process may be a little easier and oftentimes, most people don’t file a new deed as it is usually transferred to whoever outlives the other.
Take note that there are conditions that need to be met and state regulations may vary. It is recommended to have a legal professional review the circumstances surrounding your request.
Hope this helps.
Cheers,
Jonathan