House Deed Name Change

 

“In most cases, people’s names change when their marital status changes. There are also other instances when a name change might occur. It is mandatory to change your name on the title of your home if you own property and change it. Quit claim deeds are the simplest and most efficient way to change the name on a title, as they transfer rights to another party.”

Changing the name on a house deed is easier with the help of Attorney Real Estate Group. We will ensure the correct names appear on the deed regardless of whether you are buying or selling a home. Here we will learn about House Deed Name Change.

 

What is ownership of a house?

The title to the property defines ownership of the building or land on which the property exists. A title holder, also known as a “listed owner,” is entitled to do many things with the home, including:

  • Have the property
  • Donate ownership
  • Getting the property sold

In the context of property ownership, you have probably heard someone use the phrase “holding title.” This phrase implies that the owner has a physical document. There may be physical records, but possessing these does not guarantee ownership or title. In reality, the chain of title determines a property’s ownership.

 

The purpose of each deed is different.

An estate deed conveys property ownership from one owner to another. The deed specifies the name of the grantor (the owner of the property) and the grantee. Each type of deed conveys a different legal interest. Quitclaim deeds, for instance, transfer property without guaranteeing that the title is free of liens or that anyone else can claim it. But, grant deeds assure the grantee that no one else will have any rights to the property.

 

Are there any potential pitfalls?

The situation is as follows:

  • The property belonged to two single women.
  • Upon their deaths, both would have the right of survivorship.
  • It was evident that neither woman had a will.
  • A recent death had occurred among one of them.

The problem began when they did not hire an attorney to assist them in preparing their deed. As it turned out, they found a free form online, so they thought it would be a simple process. A simple piece of paper can’t go wrong, can it?

The problem was:

Several things went wrong for them in their situation. They did not specify whether they owned the property alone on the deed. If one of the friends passed away, the property would pass to the surviving co-owner when bought. When you conduct the title search, you can examine the title chain. After completing the search will reveal who currently acts as the property owner and who owned it before. The title can be seen without any outstanding debts (liens) on the land. There was no provision for this in the deed at the time.

In the event of a title error, it would not be possible to transfer the property to the surviving co-owner. To transfer the deceased co-owner’s interest, the surviving co-owner faced probate. Furthermore, since the deceased co-owner did not leave a will, the deceased co-owner’s interest in the property would not pass to the surviving co-owner as the two friends intended when they purchased the property.

Under California intestate succession laws, the deceased co-owner’s share of the property was able to transfer to their family members. This case was fortunate because both parties knew each other’s intentions. Due to these circumstances, they were willing to cooperate with the surviving co-owner in signing over the property interests of the decedent. The improper title led to a lengthy probate process and unnecessary expenses before the situation reached that point.

 

House title change in California

It is necessary to inform the county recorder’s office of any title changes on a deed. The first step is to decide how to hold the title. The title of your home might belong to your community property if you own it with your spouse. A survivorship right or revocable trust could be involved in the title.

Second, make sure that the correct documents exist. When choosing the proper deed documents, you should determine how you will hold the deed and locate the appropriate paperwork online. The majority of title companies usually offer blank deeds online. Do-it-yourself deeds that lack accuracy may not change the title on your property as you expect. Having this happen can make selling the house later on more difficult. Many people face adverse consequences when they change the title to their house or another real estate without professional help. Changing a title can be costly if errors happen in this critical step.

The third step is recording the documents to change the title. Any failure in this process can have long-term consequences and affect your title.

 

The reasons why a house deed should undergo a renaming

Names on a house deed often change due to significant life events. There are several valid reasons why a house deed name might need to be changed, including marriage, divorce, a voluntary name change, and even correcting a typo.

Ensure all your documents have the same name when selling your home or refinancing your mortgage. Different names on your documents can delay proceedings and get you stuck in limbo until a decision.

After getting married or divorced, you might need to update your house deed. When you die, you can make sure that your house belongs to your spouse or children by naming them on the title. The court might hold up the transfer of your property if you don’t add their names.

To avoid foreclosure, you should not change the name on your house deed. Changes in property ownership may trigger your lender’s “Due on Sale” clause if you are behind on your mortgage payments. In this case, you would have to pay off the entire loan in one go.

  • The legal owner of property changes on its title deeds.
  • Changing the registered owner of a property can be necessary for various reasons.
  • When a person divorces or passes away, their name is usually changed or removed.
  • It is possible to update the register when you change your name upon marriage (see the section on a name change).

 

Splitting up or divorcing

A divorced or separated couple may wish to live in the house after the divorce or separation if there are children. Depending on the circumstances, the remaining party might buy the remaining party’s share, or the share might transfer by consent.

 

Death-related transfers or estate administrations

For a person’s estate to be distributed to beneficiaries after death, their name may have to disappear from their property deed. An estate may change its name to reflect the beneficiaries’ name or transfer to a new owner in the case of a sale.

 

Deleting a name from a deed of trust

 

·        Partial ownership changes

HM Land Registry must receive an application for a change of registration. To amend a title register, you must use form AP1.

The surviving joint owner of a property owned by two tenants becomes the sole owner when one tenant dies, but the other remains in the property. The Deceased Joint Proprietor Form DJP (Deceased Joint Proprietor) and a copy of the death certificate are required to remove the deceased’s name from the business.

In the event of death, no Grant of Representation needs to be shown to the Land Registry so that the land registry can update the title immediately after death.

It is necessary to get the mortgage lender’s permission before removing a name from the property if there is an outstanding mortgage. A new mortgage deed usually requires the mortgage provider to check the remaining owner’s financial ability to repay.

 

·        Changing names

Name changes can also occur by deed poll or statutory declaration, but they are most common during marriage and divorce.

To change your name on the title register, you’ll need to download and complete Form ID1. To the Land Registry, you should send ID1 and AP1 with evidence of your name change (for example, your marriage certificate, deed poll, or decree absolute). It should say ‘nil’ since there is no fee.

 

·        Changes in all owners

Land Registry Form TR1 should be completed and filed if the entire property is transferred (such as when a new owner buys the house).

A transfer usually occurs through probate if there are no surviving owners. In Forms AP1 and AS1, the beneficiaries or their representatives may have the property transferred into their names.

 

Total ownership change

TR1: How to fill it out

Most conveyancing transactions involve creating a transfer deed between a buyer and seller or before owned property and new owners (if no money exchanges hands).

If that has happened, you should get a printed copy of the official register and check it for any issues that could hinder the transfer process. There may be restrictions on the use or modification of the property, such as restrictive covenants. The landlord may have to consent to leasehold clauses. A mortgage lender’s consent may be required if the property has a mortgage. You can find more information on the Land Registry’s website.

 

TR1 Form Completion

Once all the information is available, completing the form is straightforward. If it has appeared, the property title number and a brief description of the property, including the postcode, must be provided. Upon completion of the transfer, you should specify the date of completion.

When transferring property, you must state the amount paid the gift, or some other consideration. In the case of non-professional conveyancers (i.e. those who are not solicitors), you will also need to send the certificate of your identity (ID1).

 

California name change laws

  • You can change your name in California by taking the Degree Changing Name form to your local court clerk. Your legal name change should have included this form. Get a certificate of certification from the local court clerk.
  • According to the California State Board of Equalization, if you have a mortgage on the house, you should submit the certified Degree Changing Name form to your lender. You’ll need to submit this form if you want to change your mortgage’s name.
  • Get a quit claim deed and fill it out. Ensure your old name is the grantor, and your new name is the grantee. You should also include the legal description of the home. There is more to the address than the house number. It must consist of maps, tracts, and parcel pages. Original titles contain this information.
  • Provide a copy of the Degree Changing Name form and the notarized quit claim deed to your local county assessor. You should pay the filing fees.

 

Title change requires other paperwork.

There are usually more documents homeowners need to submit when transferring title, like an initial change of ownership statement and the transfer tax affidavit. Recording fees are required to record a deed, transfer taxes, and other fees. Hiring a professional document preparation service to assist you in this process may be less expensive and risky than doing it yourself.

For boilerplate documents purchased online, we recommend contacting us first. Attorney Real Estate Group can help you prepare documents to change the title to a house or other property by drafting a deed and supplemental documents. Preparation of the preliminary change in ownership report and a new cover sheet is part of our services. Transferring deeds of title will must recording fees. The Recorder’s Office may also charge a tax if the transfer is not exempt. In California, we offer flat fees for the preparation of legal documents.

 

Real Estate Attorney selection

Changing the name on a house deed is easier with the help of Attorney Real Estate Group. We will ensure the correct names appear on the deed regardless of whether you are buying or selling a home. Taking care of the details isn’t a problem because we handle them all. Get in touch with one of our talented attorneys by completing our online form or calling.