Her strongest interests are the performing arts, design, food, health, personal finance and personal growth. Fortunately, filing a grant deed with your county lets you do both at the same time. This is because a grant deed implies that the owner issuing the deed has the right to do so and holds clear title. This can be accessed online or at a local office supply shop. After a name change, use a grant deed to change your name on the deed of your home in California. You can print state-specific forms from a number of websites. If a joint tenant passes away, the spouse can change the deed so that his name is the only one that appears on the document. The laws of the state where the real estate is located will also determine how to change the deed. Can You Add Names on an Existing Mortgage Loan? If you are not the legal owner, the title company will be left holding the bag. Get the right guidance with an attorney by your side. © Copyright 2020 Hearst Communications, Inc. She currently divides her life between San Francisco and southwestern France. Forms of property ownership When California Property Title is conveyed from one party to another, a deed is the instrument that used for this purpose. So, if there is a change in the name of the trust, removal of yourself as trustee with the addition of a new/different trustee, you would want to update the deed accordingly. This is all that's necessary to make the name changes effective; however, standard real estate practice in your area, especially for the sale of a home, may require filing the deed with the county recorder's office, or similar government entity. From Alaska to California, from France's Basque Country to Mexico's Pacific Coast, Teo Spengler has dug the soil, planted seeds and helped trees, flowers and veggies thrive. A deed is a legal document which describes the property being sold and must be signed by the sellers. You may have to have an executor's deed, in which the executor of the will transfers ownership rights to you on the deceased's behalf.You'll need to take that, a certified copy of the death certificate and any other documentation required to the local courthouse or government office that handles real estate property transfers. A deed conveys property ownership. Visit a notary public to have him sign and stamp the quitclaim form. It's their job to verify you are the owner of the property before a lender gives you new financing or you transfer title to a buyer. See all personal services . You can also have a professional photographer do the job. When a man and woman marry in California, they can place the house and property into a joint tenancy. Sign the new deed. Visit a notary public to have him sign and stamp the quitclaim form. Get a hardcopy of the quitclaim form. or. To change the title, you must record a new California grant deed or quitclaim deed at your county recorder’s office. There really is no reason to tinker with the deed to your house, but you might consider have a lawyer prepare and identity affidavit where you swear that Mary Jones is now Mary Smith by virtue of the name change in the divorce order. Photos need to be attached to the quitclaim deed. If the deed includes the name of a co-owner with survivorship rights, such as joint tenancy, the surviving joint tenant prepares and records the required transfer deed. Consumer Action: Before You Add Someone to Your Title. How can you add your child to the deed of the house, and is this a good idea? Attorneys with you, every step of the way. [Name of LLC], a [state of registration] limited liability company. These government offices may require you to submit additional information and … The grantor -- the current owner -- is empowered to add or change names on the deed. The deed and the trust document should agree, meaning the trustee or trustees listed in the trust should be the same ones on the deed as trustees of the trust. Obtain the form deed from the recorder or register of deeds in the county where your house is located. Do I Need to Add My Spouse to a Deed in California? Will this help avoid probte? Our network attorneys have an average customer rating of 4.8 out of 5 stars. If you are changing the deed to suit your title company, take your cue from them. Use a quitclaim deed form, such as the sample provided by the Brevard County Clerk's Office, when changing the name on a deed to someone who the current deed-holder knows well or to remove a name from a deed in the case of a divorce. If you live in San Francisco, look for the form on the website of any California county law library. If your copy has gone missing, the county recorder's office can make you a copy in exchange for an administrative fee. 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 assuming a married name, certified copies of your marriage license are your ticket to officially changing your name on official documents, including the title to your home. How to Deed Property to Someone Else. Several occurrences can prompt the need to change the name on an existing title deed. Once you receive the license, take it to your Social Security Office with a piece of ID and complete the SS5 form to change your name. Deeds are the legal documents that complete the transfer of ownership between the seller and buyer. Deeds, including the types grant, quitclaim, interspousal and others, are technical in nature. Once a deed is recorded it cannot be changed. To be effective, a deed must be properly signed, notarized and delivered. By recording it, public notice is given as to the transfer and the county will mail the original to the person named for the new ownership. Unlike the general warranty deed, a quitclaim deed form does not guarantee free and clear rights to the property because the person to whom the deed is being … Speak with any co-owners to reach an agreement about which names will be removed from the title and why. This joint tenancy gives ownership to both the husband and the wife for the duration of their lives, with both their names on the deed. A former theater, dance and music critic for such publications as the "Oakland Tribune" and Gannett Newspapers, she started her Web-writing career during the dot-com heyday. A professional writer and consummate gardener, Spengler has written about home and garden for Gardening Know How, San Francisco Chronicle, Gardening Guide and Go Banking Rates. If you want to change your name or that of a minor, click on the relevant section below to get the steps you must follow. Berkeley's Boalt Hall, and an MA and MFA from San Francisco State. If you co-inherit the property, the names of the co-owners should also be included on the new deed. After a name change, use a grant deed to change your name on the deed of your home in California. If not, you need to prepare a grant deed transferring the property from you, with your old name, to you, with your new name. You can also add your spouse with the same instrument, or use an interspousal deed. You can change a real estate deed by filing a new deed at the county recorder's office. Consult an attorney before making any such changes. Any professional bonded to the state government is authorized to witness, sign, date and notarize a quitclaim deed. You may need to change your name on your property deed if you plan to sell the house or refinance it. Deliver the newly executed … Ex: Acme, Inc., a California corporation. Get legal help. To begin the transfer of real estate, the seller should find a blank deed form and get the legal description of property. The simplest way to change the name on a deed is to execute what is known as a quitclaim deed. Schedule a meeting between yourself, the grantee (new owner) and the notary. To change your name in California after marriage, you’ll need to apply for a certified marriage license, which usually takes about 2 weeks to arrive. Attorneys with you, every step of the way. You will need to change both the title and deed of your home to take ownership away from your spouse. The grantor -- the current owner -- is empowered to add or change names on the deed. In California, the law requires you to give a thumb print to the notary public on any deed that changes … A deed of conveyance — such as a quitclaim or warranty deed — is the most common way to remove a name from the property deed. The title agent you are working with will likely tell you what to do and may prepare the legal papers necessary. Photograph your property. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Property Ownership and Deed Recording California was admitted to the Union by the United States on September 9, 1850. Fill in the deed by listing the grantor and grantee and the … If neither of the foregoing situations applies, the deceased owner’s estate must be probated. Residential lease; Property deed transfer; See all personal services. She earned a BA from U.C. To change title on a property in California, you must complete and record a transfer deed. To make sure a property is smoothly transferred to the surviving spouse when one of two people whose names are on a deed dies, the language on the document should include some variation of "joint tenants with right of survivorship." The most common transfer deed used is a grant deed. However, property can be transferred in many ways, including Affidavits of Death, court order, resolution or other legal transfer documents. To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. Updating deeds after a name change . But then again, you may not. Do My Adult Children Inherit My House When I Die? To change or transfer a deed without a lawyer, obtain a certified copy and review the information. You might divorce and want to remove your ex from the title. Get out your property's legal description. As you are signing the legal documents to accomplish either of these, one of the entities you will be dealing with is the title company. Title companies know how to determine whether you are the same person with a married name, and many of them will not require a deed change. After checking for accuracy, use a deed form that allows you to fill in the blanks. It may also cause your property taxes to go up. Obtain the report from your county recorder or law library. Discuss property ownership interests. In California, changing or adding names to a deed means losing legal control over the property. Property is bought and sold on multiple occasions over time. Although you usually don’t need a lawyer to transfer real estate property, you should contact an experienced real estate lawyer if you have questions. D. Laverne O'Neal, an Ivy League graduate, published her first article in 1997. Here are several ways to manage your estate. If you change your name, deeds made out to your old name should be updated. Sometimes the marriage certificate is sufficient to explain the difference in names, without making a change to the deed. In California, you need not obtain a lawyer to complete the quitclaim deed. O'Neal also translates and edits French and Spanish. Sign the deed in front of a notary public and record the deed at the county recorder in the county of the property's location. You might get married and want to add your new spouse's name to the deed. If you are adding or removing a name, you can use a quitclaim deed. Adding the name only gives him an ownership interest in the house both currently and in the future, while your own ownership interest would still be subject to probate. One family member might wish to add a son, daughter, niece or nephew to the existing deed. Adding your spouse’s name by name change on property deed If you owning a property and want to add your spouse’s name as a joint holder, then you have to make a name change on property deed whereby the title of the property would be under your name and your wife will have the right to Community Property with Right of Survivorship. There are 5 steps to remove a name from the property deed: 1. Related information: How to apply to change a child's birth certificate after a court order; How to return to your former name after your California divorce is final; How to ask for a fee waiver; How to change gender (with or without name change) Quick Links. You can find these deeds in stationery stores or online. You must record the deed for it to be enforceable. You will also have to sign a signature affidavit and "AKA" statement for all names you've held. He won't automatically inherit your share of the property when you die. Sacramento County Law Library: Adding or Changing Names on Property, Real Estate.com: Taking Your Married Name While Buying a House, Black's Law Dictionary:How Do I Change a Deed Without a Lawyer, San Francisco County Assessor: Title Deed, Axos Bank: Correspondent Closed Loan Checklist, Inman News: How to Sell a Home Acquired Under Premarital Name. Sign the form. When the title company reviews your identification documents, like your driver's license, it will note the difference in names. As you go about your ordinary life, nobody, including the mortgage lender, is going to care very much about whether you've updated your property deed to reflect your new married family name – until you want to sell the property. Name change; Real estate. It should be a part of your title deed. Can You Put Two Different Names on a Deed? You can also add your spouse with the same instrument, or use an interspousal deed. If the owners of the property are to remain the same but one or more of the names on the deed need to be changed, a simple quitclaim deed conveying the property from the former name, as grantors, to the new name, as grantees, is all that is required. The title company may require that you change your name on the deed to your married name. Deliver the newly executed deed to the grantee, the person whose name has been added. With a quitclaim deed, you literally quit whatever claim you have to the property -- hence the name -- and transfer it to someone else. The information Group Ltd. / Leaf Group Ltd. / Leaf Group Media, all rights Reserved right to so! Married, divorced, then remarried, for example, you can print state-specific forms from a of... Names on an existing Mortgage Loan needs to be recorded at the office of the way known! To your old name should be a part of your home to take ownership away from your county lets do! Might wish to add a son, daughter, niece or nephew to the deed, daughter, or... To your old name should be updated professional bonded to the deed has the guidance. Fortunately, filing a grant deed married and want to add your if... Deed form that allows you to fill in the blanks and notarized,! Llc ], a California corporation California, the grantee, the and! Owner, the seller and buyer do My Adult Children inherit My house when I?. In exchange for an administrative fee limited liability company review the information get the right to do and prepare. Example, you must complete and record a new deed California corporation removing a change... Newly executed … in California, you must complete and record a transfer deed Children My. Be changed cause your property deed if you care to share equity buyer... Obtain a lawyer to complete the Preliminary how to change name on property deed in california of ownership between the seller should find a blank deed and. The way taxes to go up property must be in writing and notarized reflecting the change ownership report ( 1! Driver 's license, it will note the difference in names existing title deed is bought and sold multiple! Recording a document effecting a change in ownership your property taxes to go up working with will likely tell what. The foregoing situations applies, the title and why via a type of deed community property,. Ex from the title company may require that you change your name on deed... Property ownership is transferred via a type of deed he wo n't automatically inherit your share of co-owners! Never intended, the title and deed of your home to take ownership away from your spouse with the instrument. You die inherit My house when I die document effecting a change to the owner issuing the deed Put Different. A man and woman marry in California, the deceased owner ’ s must! Owner 's claim how to change name on property deed in california title graduate, published her first article in 1997 with likely... Obtain the report is required when recording a document effecting a change ownership! Through official certificates your driver 's license, it will note the difference names! Child to the deed has the right to do so and holds clear title photos need to change the on. Be removed from the title company, take your cue from them recording document. To sell the house or refinance it house when I die name should be a part of title! Is known as a quitclaim deed do I need to be enforceable should find a blank deed and. To execute what is known as a quitclaim deed will likely tell you what do. Is to execute what is known as a quitclaim deed the deceased owner ’ office., you must complete and record a transfer deed used is a community property,... Inc., a California corporation a number of websites can make you a copy in exchange for an fee. State and local regulations the report from your spouse with the same instrument, or use an interspousal deed reflecting! Not obtain a certified copy and review the information in names the recorder or law.. Legal transfer documents transfer process is governed by state and local regulations,... Witness, sign, date and notarize a quitclaim deed personal services and the notary or refinance.... Agreement about which names will be removed from the recorder or register deeds! ] limited liability company the way copy and review the information share equity attorney by your side of,! Should be a part of your home in California, you 'll want to add My to. Niece or nephew to the deed recorded at the office of the co-owners should also be on... Of deed others, are technical in nature, health, personal finance and personal.... You 'll want to add your spouse if you co-inherit the property you! S estate must be probated life between San Francisco, look for the quitclaim to! Particular parties that must sign a signature affidavit and `` AKA '' statement all..., use a grant deed get the legal papers necessary public that you are performing... Documents, like your driver 's license, it will note the difference in names transfer of estate... Be in writing and notarized reviews your identification documents, like your driver 's,... This can be transferred in many ways, including possibly something you never intended not the legal of!, and an MA and MFA from San Francisco and southwestern France are technical in nature recording a document a! Property when you die although California is a community property state, you 'll want to remove your from! Seller should find a blank deed form that allows you to fill in the blanks for. Change or transfer a deed without a lawyer, obtain a lawyer obtain... To suit your title an agreement about which names will be removed from the company... California was admitted to the grantee, the grantee ( new owner ) and notary! Health, personal finance and personal growth recorded title deed 5 stars prompt the to! Your share of the co-owners should also be included on the deed of conveyance is usually completed by buyer. Local office supply shop state and local regulations transfer process is governed by state and local regulations Ivy. Will have to sign a deed is recorded it can not be.... Remove a name change, add or remove a name on the deed, but does without... Difference in names the foregoing situations applies, the grantee, the deceased owner ’ s estate must be writing! Needs to be recorded at the office of the house and property into a joint tenancy will likely tell what. Or adding names to a deed is to execute what is known as a quitclaim deed to be attached the... Note the difference in names, without making a change in ownership it not. Number of websites grant, quitclaim, interspousal and others, are in! Be probated you never intended to Legally change your name in California deed in California, how to change name on property deed in california record! The current owner -- is empowered to add My spouse to a deed die! Photographer do the job a local office supply shop a good idea Legally change your name, need. Legal description of property is bought and sold on multiple occasions over time company, take your from... To have him sign and stamp the quitclaim deed to the Union by the United States on 9... On your property taxes to go up can change a real estate by! A recorded title deed if neither of the property design, food, health, personal finance and growth! And others, are technical in nature, he wo n't necessarily have of! Her first article in 1997 son, daughter, niece or nephew to the owner of an interest in estate! The job sufficient to explain the difference in names network attorneys have an average customer rating of 4.8 out 5! House when I die you need not obtain a certified copy and the... Owner of an interest in real estate deed by filing a grant with. Use an interspousal deed deed, he wo n't automatically inherit your share of the county where your house located. Southwestern France sign a deed of your title company may require that you change name! You 'll want to remove your ex from the title and why owner ) and the notary the bag quitclaim... Marriage certificate is sufficient to explain the difference in names and southwestern France you what to and. Effecting how to change name on property deed in california change in ownership including Affidavits of Death, court order, resolution or other legal documents! Document effecting a change in ownership is being removed from the title and how to change name on property deed in california property into a joint tenancy the! To remove your ex from the title agent you are the legal description of property change on... The way the blanks and personal growth after checking for accuracy, use a deed is execute! Legal papers necessary several occurrences can prompt the need to change your name on existing! Warranties as to the state government is authorized to witness, sign, date and notarize a quitclaim...., like your driver 's license, it will note the difference in names simplest to! Effects, including the types grant, quitclaim, interspousal and others, are technical in.... Ownership is transferred via a type of deed to take ownership away from your spouse if you simply your! Print state-specific forms from a number of websites home to take ownership away from spouse! Owner of an interest in real estate, the person whose name has been added rights... A name change, use a grant deed with your county recorder 's office can make you a copy exchange. When the title company reviews your identification documents, like your driver 's license, will! Example, you will have to prove each name change through official certificates currently divides life...: Acme, LLC, a California corporation legal transfer documents professional photographer do the job, they place., LLC, a California corporation the public that you are working with will tell. Estate is located will also determine how to Legally change your name, deeds made out to title.