Q:

How can I transfer a house deed to a family member?

A:

Quick Answer

A deed can be transferred to another person by getting a certified copy of the existing deed, filling out a form, and then having the executed deed recorded by the jurisdiction where the property is located, according to J. Hirby for The Law Dictionary. Homeowners should be familiar with legal basics of real property ownership.

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Full Answer

Once a copy of the existing home deed is obtained, information such as owner names, address, tax assessment number and legal description should be reviewed for accuracy, says Hirby. A state-specific deed form, available from the county clerk or other sources, is then completed. The unsigned document is taken to the county recorder's office, along with proper identification documents of the people engaged in the transfer. The county clerk notarizes and witnesses the signing, and then records the document. Any notary can be used for this last step, and the executed deed can be recorded at any time.

A warranty deed defines ownership and selling rights, while a quitclaim deed transfers interest from one person to another, notes Hirby. Both of these may guarantee title to the property, but title insurance policies are the documents used to protect against any future claims by others. When people get married or divorced, quitclaim deeds are commonly used to give or remove joint ownership of a property.

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Related Questions

  • Q:

    How do you change the name on a house deed?

    A:

    Changing the name on a house deed requires a certified copy of the existing deed with all pertinent information filled in, and a fill-in-the-blank deed form with the new information filled in, left unsigned. These forms, along with proper identification need to be taken to the county recorder's office for the change to be granted. Fees vary by county for this service.

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  • Q:

    What is a quit claim deed form?

    A:

    A quit claim deed or deed form allows for the transfer of property from one individual to another without any guarantee as to the transferring person's interest, according to Nolo. It transfers whatever interest a person has in the property, regardless of whether such interest actually exists.

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    What is a survivorship deed?

    A:

    A survivorship deed is a legal document that establishes joint tenancy of property between two parties. When one party dies, the surviving party automatically inherits the deceased's part of the property.

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  • Q:

    What is a "Lady Bird deed"?

    A:

    A Lady Bird deed is a type of deed that gives the owner of a property the ability to transfer it to beneficiaries without going through the probate process. This can also be referred to as an enhanced life estate deed, as the two processes are similar.

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