How do I remove a name from a deed to a house?
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Q:

How do I remove a name from a deed to a house?

A:

Quick Answer

While laws vary by state, in most instances removing a name from a deed to a house requires recording a new deed. According to Realtor.com, a quitclaim deed removes a name from the property when no money changes hands. Such deeds require no title insurance or title search but are useful when property titles change without the property selling.

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Full Answer

Quitclaim deeds are useful to correct errors in recording. Upon the discovery of the error, the title company prepares the quitclaim deed and asks the individual to sign the document. Realtor.com indicates this ensures the individual does not make a claim against the property later.

Realtor.com reports that quitclaim deeds help families working through property issues. Divorce proceedings sometimes require filing the deed to remove a former spouse from the house deed. In marriage, quitclaim deeds allow owners to add a new spouse. Parents use quitclaim deeds when transferring homes to children or a family trust.

In certain instances, it is possible for the spouse of a deceased individual to remove that individual's name from the deed by recording a copy of the death certificate without a quitclaim deed. According to the St. Lucie County Clerk's Office, if the couple owned property jointly in Florida, filing the certificate leaves the surviving spouse as the sole owner of the once jointly held property.

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Related Questions

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    A quitclaim deed is a legal transfer of real estate ownership, usually between family members, explains Nolo. A quitclaim deed records the names of the parties, the owner or the grantor and the receiver or grantee, gives a legal description of the property being deeded and is signed by the current owner of the property. A quitclaim deed removes any interest in the property that an owner may have.

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    What forms are required to add someone's name to a deed?

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    A quitclaim deed form is required in order to add someone's name to a current deed, according to SFGate. Filing the legal form cancels and replaces the old deed with a new one that includes both previous and new names.

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    Foreclosure laws and processes in the United States vary by state and can be viewed on the RealtyTrac website. Mortgage companies typically start foreclosure proceedings about three to six months after the first missed payment, according to the U.S. Department of Housing and Urban Development.

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