Report Abuse . This is the main distinction between the two types of tenancy. I currently rent after selling my home 4 years ago. If there's a name on your deed that shouldn't be there, you can't simply get it taken off. Many ownership disputes are settled by simply checking the name on the deed. So, if your parents live in Ontario and the house is worth $1,000,000, there are potentially $15,000 in probate fee savings to add you and your sisters on title. A quitclaim deed is the easiest option, and you can do that yourself. If your name is on the deed of a property, you will not be considered as a first time home buyer. There is no exchange of money or warrantees, so it offers the lowest level of buyer protection. You could request that the Executor issue a Corrective Deed, which can prepared in the same way as the original deed--except it will include your correct full name along with an explanation concerning the correction. Can we put my name on the deed designating Right of Survivorship without me have to sign onto the promissory note and have liability for the mortgage loan. If your name is on the deed with your grandmother with rights of survivorship you would be the owner. My name is on the deed but not on the homeowners insurance policy. As you begin to celebrate your newly single status, you need to ensure that your spouse’s name is removed from both the title and deed—to completely strip them of their ownership of the property. The deed is in my name alone. Share: Reply; Reply with quote; 4 replies. Be sure to consult an estate planning attorney before you add a child’s name to your deed. Report Abuse . If you simply add your child's name to your existing deed, he won't necessarily have rights of survivorship. Here is how you can remove a name from the property deed: 1. Member Oct 28, 2007 634 posts 10 upvotes Ottawa . If he cannot provide you with the information, he will allow you access to the archives so that you can search for the deed. Putting your child’s name on the deed to your home is often seen as a simple and inexpensive estate planning technique to ensure your son or daughter receives your home when you pass. Be aware that in some areas of the country, deeds are located in city courthouses or municipal buildings. Yes, you will have to pay the recording fee once again, but the Corrective Deed will not be subject to any tax. It appears that my middle name is not on the title deed. Posted on: 22nd Feb, 2009 06:38 pm. You see, deed means INTEREST. But as you will see below, putting your child on your deed can actually cost you much more than you think. If you are in a position where you have been left asking, “What are my rights if my name is not on the deeds?”, then call Paul Jordan for free initial guidance on 0808 130 1606 or drop him an email with brief details of your situation at [email protected] by Paul Jordan 1. Fill in the application to change the register. If your name is not on the deed of the house and you break up with a partner, they could legally sell the … The problem is that you have various obstacles to overcome in proving your ownership, in proving that your stepmother knew of your ownership and that the buyers likewise knew you were an owner. Hurricane Irene blew through here and we had water in the basement. Do I need to do this? Take the name of the deed holder to the recorder of deeds located in the county courthouse, and provide it to the clerk. Much like taking someone's name off a car title, you treat it as a new sale. In situations where your name is on the mortgage and not the deed, you may not even live at the property. If there were no rights of survivorship you would own a 1/2 interest in the house and her interest would pass to her next of kin if there is no will. You’ll need to fill in the application to change the register, known as form AP1. In some states, you could be an owner even if the deed was not recorded. 1. So if a dissolution of marriage case is filed, the community property shall be divided equally. Your title insurance company may have a preference as to exactly how FKAs are signed, and a quick phone call or email to them should get you the information you seek. jameshogg. For another example on this see our post 5 Reasons Not To Put Your Child’s Name On Your Deed. This is when I found out that my name is NOT on the policy. The easiest was is perhaps through the execution of a carefully drafted power of attorney. Disclaimer: I’m not a lawyer, so this isn’t legal advice. Report Abuse. Fill out the first deed by signing your name as Jane Jones, FKA Jane Smith. To protect yourself, either get your name on the title through a quitclaim deed or make sure they have a will that turns the house over to you in the event of their death. 2. How a House Deed Differs From a Title Removing a name from the property deed requires five steps. As we said, if your name was not forged and your name did not show up on the title to the home, you may be out of luck. She died in Feb. 2016 and we sold the house 4 months later after painting, new hot water heater and other improvements. This deed is then filed, and a new deed is then filed back to you using just your current name. Discuss property ownership interests. If your name is on the deed of the house, A quitclaim deed is used to sign over property to another person. To take your spouse’s name off the title, you will first need to alter the deed and remove their name. He won't automatically inherit your share of the property when you die. Like the title said, I need to add another person to the deed of the house as a second title owner of the property. The lender typically has a lien on the house, meaning that the spouse whose name is on the mortgage does not pay, then the bank can foreclose in order to get their money back. Click the link below and: >Select county and search method >Include street address >Don’t use spaces >Look who is listed under Owner Name. You can obtain a copy of the official title register for £3 from the Land Registry website. I left him (moved out) over a year ago and he has been living in the home and paying the mortgage. They have asked that I change this with land registry. Related Posts Child contact during Covid-19. If your name is not on the title deeds of the home, you are part of a tenancy in common. There is a mortgage. I'm not sure if you could say she deeded her house to me in 2010. what she did was added my name and my sister's to the deed so we could take possession at the time of her death without going through probate, which is what happened. I filed a claim with homeowners insurance and given a check. Español. 2. Once the transaction has closed your husband is able to request the same title company to add your name to the title deed. 3. For example, an unrecorded deed may become an issue for heirs once the original owner dies. My question is how much will the lawyer charge me for that type of service? Generally, the conversation takes one of two directions. I only see it being a benefit to put my name on title if it is in fact going to become my primary residence which it is going to be. The deed must contain the address of the property along with prospective co-holder or holder. This might occur after a divorce, for example, before the loan is refinanced in only the other person's name. void your deed. The other person transfers their ownership in the property to you by drawing up a new deed. If you co-owned the home with your parent -- for example, if your mother added your name to the deed before passing away -- what happens next depends on your specific arrangement and state law. Under a tenancy in common, you don’t automatically inherit the home if your husband dies, as you would under a joint tenancy where both you are your partner’s names are on the title. Sign the transfer deed. For that, please consult with a lawyer. Properties owned with rights of survivorship automatically pass to the remaining heir. The name change on property deed document will hold the name of all associated parties. Family and Childcare Law. Either the caller wants me to know that it is going to be an easy divorce because some piece of property is just in their name so there is nothing to divide. A deed is an important legal tool. My Home, My Deed, My Legacy is a project of Maryland Volunteer Lawyers Service (MVLS) and Maryland Department of Housing and Community Development. He states he will be listing the house for sale by the end of this week if we don’t reach a settlement agreement. Even though the other mortgage holder might pay the bill each month, you are still legally obligated to repay the debt. My mother put my name and my sister's on her house deed several years ago so that we could take possession upon her death. The deed is subject to the mortgage, and if it is not paid off, the lender may foreclose and void your interest, i.e. My children and I live in the marital home until it sells. Those people who did not own a property in the last three years are considered as first time home buyers. You would be required to sign a quit claim deed relinquishing any legal right to the property, this would satisfy the lenders requirement of your husband being on the title deed and the mortgage deed being in his name. It doesn't matter whether your name is on the deed or not, when the property is purchased during married, or paid for during the married (only for the % of amount paid), it is presumed community property. A question that comes up quite often in my divorce consults on the phone or in my office is the name on a car title, real estate deed, or bank accounts. I do not want to have to pay his mortgage, I simply cant afford it. Tip. Since deeds become public records in most states, failing to record a deed may create problems. Report Abuse. I can not provide eveidence of name change because it has not changed. Access a copy of your title deed. DO YOU OWN YOUR HOME? We’ve recently been wondering if my mother should put my name on the title of her home so it is just a smooth transfer when she passes. IS YOUR NAME ON THE DEED? Unfortunately, the question provides incomplete information. Oct 17th, 2009 10:14 am #2; Zedix Sr. My dad wants my name on the deed so when he passes it wont have to go thru probate. As you do not fulfill this criteria, you will not qualify for the $8,000 stimulus credit. If you are unmarried but purchased the house with a partner who took out the mortgage, you can’t claim the mortgage deduction on your income taxes, even if you contribute to the payment each month. Thanks . December 2, 2020 . If your name was added to the deed after the mortgage and note was signed, then you and your spouse own the property, but usually only after the lender has been paid in full. Do I have a right to the check issued? Search … You can formally take her name off the title by following your local procedure for doing so. The person whose name is on the deed is the legal owner of the property. 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. Even if I continue to make payments? The deed must then be recorded in the Recorder of Deeds office for the county in which the house is located. When someone signs a quitclaim deed, it means that they’re effectively giving up their claim or rights to the property. And — My delay in changing my name on the deed is 1) it didn’t seem to matter at the time, and 2) when I checked with the probate court, the clerks insisted I needed an attorney to submit an affidavit of name change, which was not my understanding — was wondering if this was particular to my state, Alabama, or just the probate office. 1. For those seeking help from their children, there are better ways a parent can get assistance with their finances without exposing their assets to unnecessary risk. If you continue to make payments, then the lender is not … Oct 17th, … It seems that the only person gaining here would be the solicitor charging a fee for looking at my documents and verifying that I am the same person. 1. A name change on property deed is a legal agreement under which you can transfer the co-ownership of your property to any living or corporate entity. If your mother wants to "put your name on the title" she should have a Quitclaim Deed prepared deeding the house to herself and you as joint tenants with right of survivorship." I am divorced. You have an interest in the property, but it only becomes finalized once the mortgage is paid off. Our Estate Planning Attorney Can Help. Get Started. Lawyer cost for adding another name to the House Deed. No. Consult legal advise to know your options regarding this. 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