How to add someone to your deed
Asked May 10, 2007, 07:22 AM
Thank you L. for sharing this:
To add a person to a deed you must prepare a new deed with all current owners listed as the seller, and all current owners plus the new person listed as the buyer. Then you must insert the legal description of the property. All current owners must sign the deed with a witness and notary. The last requirement is that the deed must be recorded in the office of the clerk or register of the county where the property is located.
We strongly recommend that you have this handled by a real estate attorney or title agency. It shouldn't be expensive and this way you can make sure that it's done properly. If you do it yourself and make even a little mistake then it can be very difficult and costly to fix. For example, many times people have tried to do it themselves and have ended up transferring the property completely to the other person instead of just adding that person.
You should also be aware that, if there is a mortgage on the property, then it is very likely that the filing of any type of deed will be a violation of the terms of the mortgage. You may need to get permission from the lender to do this type of transfer.
Finally, there may be tax implications as a result of the transfer. That's another very good reason to speak to a real estate attorney instead of attempting to do this yourself.