what type of attorney do i need for name change on my deed

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Do I need an attorney to change my legal name?

A legal name change does not require an attorney and can be completed by yourself. You must follow some guidelines, such as, you cannot change your name to a famous person, you cannot change your name to avoid legal issues and you cannot change your name to one that is demeaning or has...

Can You Change Your Name on a real estate deed?

If you have an interest in a piece of real estate, your ownership is reflected by your name on the deed. There are all sorts of reasons, short of a sale or purchase, requiring a name change on a real estate deed. Life happens, and that means marriage, divorce, death or just the changing of a legal name.

Do I need a lawyer to transfer a deed?

While it is certainly possible to transfer a deed without any legal assistance, it can be very difficult to do so properly because of the strict requirements and laws that must be followed. Therefore, if you need any help transferring, drafting, or obtaining a deed, then you should consult a local real estate attorney for further guidance.

Why is it important to put your legal name on deeds?

It’s important that your real estate deeds reflect your current legal name and having your legal name on the deed makes the process much smoother if you want to put your property on the market or take out another mortgage.

How much does it cost to remove a name from a deed in PA?

REMOVAL OF NAMEs on Pennsylvania Deeds This service is available any time during the divorce proceeding. The steps to complete this simple $100 name removal process are: Send us a clear copy of the present deed as recorded (do not send the original) Tell us whether the husband's or wife's name is being removed.

How do I change a deed in Florida?

A new deed must be filed with the local clerk of court's office in order to change the name on a Florida deed, no matter the circumstances leading to the change. Marriages and divorces are some of the most common reasons to alter a deed in Florida. A death in the family may also necessitate a name change to a deed.

How do I change my name on my deed after marriage in Florida?

You simply need to send a letter to the Land Registry office requesting the name change, together with either the original or a certified copy of your marriage certificate.

How do I change my name on property deeds in Texas?

How to Transfer Texas Real EstateFind the most recent deed to the property. It is best to begin with a copy of the most recent deed to the property (the deed that transferred the property to the current grantor). ... Create a new deed. ... Sign and notarize the deed. ... File the documents in the county land records.

Can you change the name on the deeds of a house?

It's possible to change the names on title deed yourself without help from anyone else. You simply need to complete the right forms and pay any fee.

How much does it cost to transfer a deed in Florida?

Filing a Deed in Florida The comptroller's office charges a small fee for the deed's filing in the form of a documentary stamp tax, levied at 70 cents per $100 of the sale or transfer amount. There will also be a $10 fee for the first page of the document and $8.50 for each additional page.

Who can prepare a deed in Florida?

A seller can allow a buyer's attorney to prepare the deed or the seller can retain a Daytona real estate attorney to represent the seller during the real estate closing process. All deeds executed in Florida must be signed in the presence of a notary public and two witnesses.

How do I change the ownership of a deed?

If there is a title deed in the name of the previous owner, you would need a lawyer, called a conveyancing attorney, to transfer the title deed into your name. The conveyancing attorney sees to it that the title deed is signed into your name by the Registrar of Deeds and files a copy in the Deeds Office.

How do I remove a name from a deed in Florida?

If you're looking to remove your name, you must fill out the quitclaim form, using the same name found on the title deed. Warranty deeds can also be found online, but they're more often through the county clerk's office. Both quitclaim and warranty deeds are valid only when they're executed correctly.

How do you change the name of a property?

The property owner is required to complete and sign an address amendment form. To change the name of the property you must be the owner of the building. If you are currently in the process of purchasing a property and wish to change the name, we cannot change the name until the completion date.

How much does it cost to transfer property deeds in Texas?

all property deeds – $195 Any Property Deed needed to transfer real estate in Texas. Prepared by an attorney licensed in the state of Texas.

Does a deed need to be notarized in Texas?

In fact, any document that must be filed in the deed records is required to be notarized. Earlier this year, Texas House Bill 1683 went into effect and required the Texas Secretary of State to assign a notary identification number for all notaries and required notaries' seals to include that number.

How do I change the ownership of a deed?

If there is a title deed in the name of the previous owner, you would need a lawyer, called a conveyancing attorney, to transfer the title deed into your name. The conveyancing attorney sees to it that the title deed is signed into your name by the Registrar of Deeds and files a copy in the Deeds Office.

How do you add someone to a deed in Florida?

Add Name to House Deed in FloridaDownload a blank copy of the Florida General Warranty Deed that is available from your county's deed assessor, county courthouse or property records department.Complete the form. ... Get the form notarized in person with the person being adding to the deed.More items...•

How do I remove a name from a deed in Florida?

If you're looking to remove your name, you must fill out the quitclaim form, using the same name found on the title deed. Warranty deeds can also be found online, but they're more often through the county clerk's office. Both quitclaim and warranty deeds are valid only when they're executed correctly.

What is quit claim deed Florida?

A Florida quitclaim deed form is a type of deed that transfers title to a new owner with no warranty of title. A person who transfers property by quitclaim deed makes no guarantees.

What is a general warranty deed?

General warranty deeds: In contrast to quitclaim deeds, general warranty deeds give the buyer the greatest amount of protection. It guarantees that the grantor actually owns and can sell the property. It also promises that the property does not have any debts, encumbrances, or liens against it.

What are the different types of deeds?

There are many different types of deeds of transfer. Some of the most common ones include the following: 1 Quitclaim deeds: These types of deeds provide the least amount of protection for a buyer. While they do transfer the property, they do not guarantee that the grantor has actual ownership or rights in the property. They also leave the buyer open to potential legal issues (e.g., if there is a lien against the property or someone else is the true owner and tries to claim it). 2 General warranty deeds: In contrast to quitclaim deeds, general warranty deeds give the buyer the greatest amount of protection. It guarantees that the grantor actually owns and can sell the property. It also promises that the property does not have any debts, encumbrances, or liens against it. 3 Special warranty deeds: This type of deed gives the buyer adequate protection, specifically, for two guarantees. The first is that it states that the grantor does hold title to the property. Second, it also guarantees that no liens or encumbrances existed on the property while the grantor owned it, but says nothing about what encumbrances may be associated with the property before they owned it.

What type of deed is used in real estate?

What Type of Deed Is Most Commonly Used? The most common type of deed that is used in real estate transactions is the general warranty deed. This deed offers the greatest protections for a buyer through its terms. Specifically, the terms of a general warranty deed usually contain six covenants (or promises).

What are the elements of a deed?

Although there are many different types of deeds, each of which has its own requirements, the majority of deeds generally include the following elements: A description identifying the property being transferred; The names of the parties who are taking part in the deed transaction (i.e., the grantor and the grantee); and.

How does a deed work?

The way this deed works is that the current owner will sign over a deed to the new owner while they are still alive. Once the current owner dies, however, the deed will automatically transfer ownership to the new one. In other states, a person may create a will in order to transfer property upon their death. In this case, when the family member ...

Why is recordation necessary for a deed?

Additionally, recordation is necessary in order for a deed to be valid.

What happens if you don't record your deed?

Lastly, if you receive a property deed, it is very important that you remember to record it with the local county recorder’s department where the property is located. Failing to record your deed can lead to serious consequences, which will be discussed in further detail below.

Why do people change their names?

In addition, while it is not the most common situation, a person may also have their name changed if they enter a witness protection program.

Can you be charged for changing your name to someone else's name?

For instance, if the person wants to change their name to someone else’s with the intent to assume that person’s identity and to collect on their benefits, then not only will their request be struck down because it is illegal, but they can be charged criminally for it as well.

Who reviews name change petitions?

Once that is done, a judge or magistrate will review the information on the forms and determine whether to grant or deny the name change request. In most cases, the judge will grant the petition.

Where is Lynndee Marooney?

Living in Denver, Lynndee Marooney has been writing finance and credit-related articles, guides, manuals and e-books for private companies since 1995. She holds a Bachelor of Arts in journalism and a Bachelor of Science in finance from the University of Maryland.

Can I change my last name in Cincinnati?

How to Change Last Name at Cincinnati Clerk of Courts. A legal name change does not require an attorney and can be completed by yourself. You must follow some guidelines, such as, you cannot change your name to a famous person, you cannot change your name to avoid legal issues and you cannot change your name to one that is demeaning ...

Can you change your name if you have been convicted of a felony?

Some states will not allow a name change if you have been convicted of a felony. Some states require a fingerprint criminal history record. You must read and follow the steps outlined by your states law.

Do you have to appear before a judge?

Some states do not require an appearance before the judge and will mail you the signed order. In some states, they will allow you to have a brief court appearance the same day your turn in your forms if the schedule allows. Some states do not require an appearance before the judge and will mail you the signed order.

What is warranty deed?

The general warranty deed promises that no unmentioned lienholders exist who might have claims to the property; it means the owner is free to sell the home . Warranty deeds are used in “arm’s length” transactions — between people who don’t know each other apart from the real estate deal.

What is a quitclaim deed?

Quitclaim deeds are cost-effective tools for transferring interests in real property when there is no need for researched guarantees. Always consider potential tax implications before you decide to transfer real estate, including tax on the deed transfer itself.

What to do before transferring a warranty deed?

So, before transferring a general warranty deed, the owner has to resolve all mortgages, tax liens, judgment liens and other relevant debts and encumbrances. If you are transferring property under a general warranty or similar deed, it’s wise to seek professional assistance.

What is the correct language for a conveyance?

The correct language, including words of conveyance, must appear: a statement from the grantor conveying the interest to the grantee, and the amount of consideration. The consideration is the value exchanged for the deed. If the grantee pays, the payment amount is included.

How to get a copy of a deed to a house?

Retrieve your original deed. If you’ve misplaced your original deed, get a certified copy from the recorder of deeds in the county where the property is located. You’ll need to know the full name on the deed, the year the home was last bought, and its address. Expect to pay a fee for a copy of the deed.

What is community property?

Community property: In community property states, spouses own the home 50-50. Each may leave their part in a will. Some states offer community property with survivorship rights, which avoids probate. A title may be in people’s names, or the name of a business.

Is a quitclaim deed simpler than a warranty deed?

Some deeds require more expertise than others. A quitclaim deed, for example, is far simpler than a warranty deed. Let’s take a closer look.

If You Have the Deed in Your Possession

If you would like to change your name to match your new married name, it is easy to print a quitclaim deed online and deed the property to yourself in your correct name.

Community Property in Marriage

In Texas, married couples own real property jointly as community property of the marriage. If you are looking to add a name or change the legal owner to your spouse’s name, there is likely no legal reason you must accomplish this.

Right of Survivorship

As a newly married couple, it may seem illogical to consider what will happen if one of you dies. However, it is not difficult to go ahead and prepare for the unexpected. Real estate held as community property in marriage does not automatically include survivorship rights.

Marriage and Community Property

Suppose you acquired the property before marriage and pay for the mortgage separately and never mix any bank accounts or funds related to the house with your spouse. In that case, it is possible to own property separate from your spouse.

Find Counsel

To make sure that you own your home with the correct documentation, discuss your deed transfer options with a knowledgeable real estate attorney. An experienced attorney will help you draw up deeds and ownership documents with the correct filing requirements for your situation.

What is Needed to Transfer a Deed in Texas?

Most Texas property deeds have the same general requirements to complete the transfer of a deed from one person or entity to another.

Whose Address Should be on a Property Deed?

Generally, the address for the current owner [Grantor] who is transferring the property is not required to be put in the new property deed. In most cases, the current owner transfers the property and moves to another property and that person’s address changes.

Terminology in a Property Deed

It is helpful to familiarize yourself with the terminology used in property deeds.

Signing and Filing Your Property Deed

The deed must be signed by the Grantor, in front of a notary – no exceptions. A person with a Power of Attorney may be able to sign for the Grantor, provided the Grantor is alive. A notary should confirm that the Grantor is alive before notarizing the document using a Power of Attorney.

Can you get escrow done?

You may be able to get done by going to an escrow service. However, it is better off to get the conveyance done through a lawyer who can explain to you different manners of holding title and their respective tax and estate planning consequence. Edward C. Ip

Do I need a lawyer to fill out a deed?

No you don't need a lawyer if you know how to fill out a Deed, otherwise definitely hire a lawyer to prepare it correctly. Your husband will need to sign it so hopefully he is on board with this; it's a very simple process; and the deed gets recorded and that's it.

Does a deceased joint tenant's interest transfer to another joint tenant?

The interest of a deceased joint tenant does transfer to the other joint tenant, but if you were to both pass then your property and accounts would have to be probated. The cost of an estate plan is very reasonable when you consider the cost of probate, which can easily go into the tens of thousands of dollars. More.

How to file a quit claim?

To file a quitclaim, you must find check-in with your county clerk about any area-specific laws or regulations you must follow. Typically, you’ll need to fill out a blank deed with your new name and get it into your county clerk. There may be some fees involved in the process.

Why change your name on a house deed?

Why You Should Change the Name on a House Deed. Typically, major life events are the cause of any changes to the names on a house deed. For example, marriage, divorce, a voluntary name change, or even correcting a typo are all valid reasons why it would be necessary to change the name on a house deed. When you prepare to sell your home ...

What happens if you change your mortgage?

If you are in over your head with unpaid mortgage payments, changing the ownership of your property may trigger any “Due on Sale” clauses listed in your lender agreement. You would then be responsible for paying the entirety of your home loan at once.

Can you use a quitclaim deed on a mortgage?

Typically, you cannot use a quitclaim deed on a home with a mortgage. However, quitclaims that are filed only to change the existing name on a deed are possible. One major reason that quitclaims are not utilized often with mortgaged homes is because they offer little to no guarantees.

Can a deed be disputed?

It’s imperative to have the right names on a house deed. Legally, the owner of a home can be disputed if the name on the deed doesn’t match the actual owner’s name. You don’t want to find yourself in legal limbo or do something to affect any current or future mortgage payments you have.

Do all mortgage documents have the same name?

When you prepare to sell your home or want to refinance your mortgage, it may be a good idea to ensure that all of your documents have the same name listed. If the names on your documents are different, it may hold up proceedings and get you caught up in limbo waiting for an official decision. If you have recently gotten married or divorced, it ...

Can you put your name on your house deed?

In the event of your death, you can ensure that your home is passed on to your spouse or children by putting their names on your house deed. If you neglect to add their names, transferring your property may get held up in the courts. It should be noted that changing the name on your house deed to avoid foreclosure is often discouraged.