Do You Need A Lawyer To Remove A Name From A Deed?

Do you need a lawyer to remove a name from a deed?

In this article, you’ll learn about:

if you need a lawyer to remove a name from a deed
can you take someone off a deed without them knowing
how much it costs to remove a name from a deed
how to remove a name from a deed
how it affects your taxes

Let’s dig in.

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Do You Need A Lawyer To Remove A Name From A Deed?

Yes, it’s wise to have a lawyer when removing a name from a deed.

A lawyer helps ensure you choose the right type of deed for your situation.

They also guide you in filling out and filing the necessary paperwork correctly.

This prevents mistakes that could cause legal issues or disputes in the future.

In addition, property laws vary by state, and a lawyer can help you navigate these differences.

In special cases like divorce or death, a lawyer’s expertise becomes even more essential.

Overall, hiring a lawyer makes the process smoother and safeguards your interests.

Can You Remove Someone From A Deed Without Their Knowledge?

No, you cannot remove someone from a deed without their knowledge.

Removing a name from a deed requires creating a new deed.

The person being removed must sign the new deed to show they agree to the change.

This process ensures that everyone involved is aware and consents to the alteration in ownership.

Additionally, the signed deed must be notarized.

This serves as an extra layer of verification that the parties involved:

know about
agree to the change

How Much Does It Cost To Remove Someone From A Deed?

The cost to remove someone from a deed varies based on whether:

you do it yourself
you hire an attorney to handle it for you

If you do it yourself, you’ll need to find and pay for:

a new deed ($30 to $150 for the blank papers)
a notary ($25 – $100)
recording fees at the county office ($100 – $225)

If you hire a lawyer, expect to pay between $200 and $500 for simple cases.

Sometimes, a title search is necessary, costing an additional $100 to $250.

The cost to remove someone from a deed can be a couple hundred to a couple of thousand dollars.

How To Remove A Name From A Deed

Here are the steps to remove a name from a deed:

Obtain the Current Deed: Get a copy of the current deed from the county recorder’s office or online.
Choose the Right Form: Pick a quitclaim deed form for the easiest way to remove a name.
Fill in the Details: Write the names of the people involved. The person being removed is the “grantor,” and the person staying on is the “grantee.” Include the property’s legal description.
Sign the Deed: The person whose name is being removed must sign the new deed. This signature needs to happen in front of a notary public.
Record the New Deed: Bring the new, signed deed to the county recorder’s office. This step makes the change official.
Pay the Fee: Pay the recording fee at the county recorder’s office.
Keep a Copy: After recording, keep a copy of the new deed for your records.

How To Remove A Spouse From Deed Without Divorce

To remove a spouse from a deed without a divorce, follow these steps:

Discuss with Your Spouse: Talk to your spouse and ensure they agree to have their name removed from the deed.
Obtain the Current Deed: Get a copy of the existing deed from the county recorder’s office or online.
Choose a Quitclaim Deed Form: Use a quitclaim deed for the simplest way to remove a spouse’s name.
Fill in the Details: Write down the names. The spouse being removed is the “grantor” and the one keeping the property is the “grantee.” Add the property’s legal description.
Sign the Deed: The spouse whose name is being removed must sign the quitclaim deed in front of a notary public.
Record the New Deed: Take the signed quitclaim deed to the county recorder’s office to make the change official.
Pay the Fee: Pay any recording fees required by the county recorder’s office.
Keep a Copy: Save a copy of the recorded deed for your records.
Inform the Mortgage Lender: If there’s a mortgage on the property, notify the lender about the change.

How To Remove A Name From A Deed After Death

Here’s how to remove a name from a deed after death:

Obtain the Death Certificate: Get an official copy of the deceased person’s death certificate.
Determine How the Property Was Owned: Check the deed to see if the property was held in joint tenancy or as tenants in common.
Fill Out a New Deed: If the property was in joint tenancy, fill out a new deed transferring ownership to the surviving owner(s). If it was tenants in common, the deceased person’s share may pass to their estate.
Gather Supporting Documents: You may need additional documents like an affidavit of survivorship for joint tenancy.
Sign the New Deed: If you’re transferring ownership, the surviving owner(s) should sign the new deed in front of a notary public.
Record the New Deed: Take the new deed, death certificate, and any additional documents to the county recorder’s office.
Pay the Recording Fee: Pay the fee to have the new deed recorded.
Keep Copies: Keep copies of all documents for your records.

This process ensures the deceased person’s name is removed and the property is correctly transferred.

How To Remove Someone From A Mortgage Without Refinancing

To remove someone from a mortgage without refinancing, follow these steps:

Contact the Lender: Call your mortgage lender. Explain that you want to remove a name from the mortgage.
Review the Loan Assumption Option: Ask if your mortgage allows for loan assumption. This means one borrower takes over the full loan.
Provide Financial Information: The person staying on the mortgage must prove they can afford the payments on their own. Submit pay stubs, bank statements, and credit information.
Complete the Loan Assumption Application: If the lender approves, fill out a loan assumption application.
Pay the Fee: There might be a fee for processing the loan assumption. Pay this fee to the lender.
Update the Mortgage: Once approved, the lender will update the mortgage to show only the remaining borrower’s name.
Remove Name from Deed: If necessary, also remove the person’s name from the property deed by following the steps to remove a name from a deed.

Remember that removing someone from a mortgage and a deed are two different processes.

Both may be necessary depending on the situation.

Tax Implications Of Removing Name From Deed

Here are some tax implications of removing a name from a deed:

Gift Tax: If the property is given as a gift, the person removed from the deed might face gift taxes. The IRS has an annual exclusion limit. If the value exceeds this limit, the giver must report it.
Capital Gains Tax: When the property is sold, the person staying on the deed may face capital gains tax. This tax is on the difference between the sale price and the original cost. Adding the removed person’s share can increase the capital gain.
Property Tax Reassessment: Some areas reassess property taxes when ownership changes. This can raise or lower the property tax.
Mortgage Interest Deduction: If there is a mortgage, the person staying on the deed might see changes in mortgage interest deductions. This can affect their income tax.
Transfer Taxes: Some states charge transfer taxes when property changes hands. Depending on local laws, removing a name might trigger this tax.

It’s important to understand these taxes to avoid surprises.

Consulting a tax professional can help navigate the specifics.

FAQs Related To Do You Need A Lawyer To Remove A Name From A Deed

Here are other questions clients ask us related to whether you need a lawyer to remove a name from a deed.

What Are My Rights If My Name Is On A Deed?

If your name is on a deed, you have ownership rights to the property.

Here are some rights if your name is on the deed:

Right to Use the Property: You can live in, use, or lease the property.
Right to Control: You have a say in what happens to the property, like making improvements or selling it.
Right to Profit: If you rent the property, you can collect rent. If you sell the property, you can receive a share of the proceeds.
Right to Transfer: You can sell or give away your interest in the property, or leave it to someone in your will.
Right to Encumber: You can use the property as collateral for a loan, such as a mortgage.
Right to Access Property Information: You have the right to access and review information about the property, like property tax records.
Right to Share in Decision-Making: If there are other owners, you share the decision-making about the property with them.

Remember, with these rights come responsibilities, like paying taxes and maintaining the property.

Also, your rights can be limited by agreements, local laws, or if there are other owners.

If My Name Is On The Deed Do I Own The Property?

Yes, if your name is on the deed, you own a share of the property.

The deed is a legal document that shows ownership.

If there are other names on the deed, you co-own the property with them.

Your rights and shares in the property may vary depending on the type of ownership stated in the deed, such as joint tenancy or tenants in common.

Note that having your name on the deed doesn’t mean you are responsible for the mortgage.

You are only responsible for the mortgage if your name is also on the mortgage document.

Get A Lawyer To Remove A Name From A Deed

If you want help to remove a name from a deed, fill out the form below.

At The Hive Law, we understand the importance of:

protecting your hard-earned assets
ensuring your family’s future
not losing everything to creditors and lawsuits
properly (and legally) distributing assets

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our estate planning lawyers.

Benefits of our estate services:

Tailored solutions to fit your unique needs and goals
Expert guidance in navigating complex tax and legal matters
Preservation of your wealth for future generations
Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate estate planning strategies:

Creditors seizing your assets
Lawsuits jeopardizing your family’s financial security
Family disputes over inheritance
Costly and time-consuming probate processes

Talk soon.

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Do You Need A Lawyer To Remove A Name From A Deed?

Table of Contents

The Hive Law Has Been Featured In

Get A FREE Consultation!

Do You Need A Lawyer To Remove A Name From A Deed?

Can You Remove Someone From A Deed Without Their Knowledge?

How Much Does It Cost To Remove Someone From A Deed?

How To Remove A Name From A Deed

How To Remove A Spouse From Deed Without Divorce

How To Remove A Name From A Deed After Death

How To Remove Someone From A Mortgage Without Refinancing

Tax Implications Of Removing Name From Deed

FAQs Related To Do You Need A Lawyer To Remove A Name From A Deed

What Are My Rights If My Name Is On A Deed?

If My Name Is On The Deed Do I Own The Property?

Get A Lawyer To Remove A Name From A Deed

Get A FREE Consultation!

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