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Property Rights: Deed in Someone Else's Name

Created by FindLaw's team of legal writers and editors.

Last updated 11/5/2019

Does the deed to your home list someone else's name as the owner? Are you considering your options on how to transfer title to yourself? This article outlines the steps you need to take to ensure you have sole property rights to your home.

How Do You Remove Someone Else's Name From the Deed?

If someone else has title to your property, you should ask them to transfer the title to you. This means they have to remove their names from the existing deed and replace it with your name.

If the other party agrees for their names to be removed, you can have them sign either a quitclaim or a warranty deed. Removing their name means they are relinquishing their property interest in the home and transferring it to you.

A quitclaim deed will allow you to have ownership rights to the property. However, you won't get any legal assurances that no one else owns it or that it is not encumbered by liens or mortgages.

In a warranty deed on the other hand, the transferor guarantees that the property is not subject to liens or mortgages. It also guarantees no one else has a claim to the land.

What Should Be Included in a Quitclaim or Warranty Deed?

Both a quitclaim and warranty deed must include several elements. Some of them include:

Steps You Need to Take

State and local laws determine the form and content of the deed. They also determine the procedures you need to follow when you sign and record the deed. Recording the deed is very crucial as your rights to the property will not be completely protected until you record the deed.

Some states require you to bring witnesses while others ask you notarize the signatures. Thus, it is crucial to know your state's laws to ensure you are compliant.

How Do You Add Your Name to the Deed?

You can have the grantee (the person who originally had title to the property) sign the quitclaim or warranty deed transferring his or her ownership rights to you and anyone else you want included in the deed.

Make sure to research the specific laws of your state to determine what additional steps you need to take.

Additional Resources

An Attorney Can Help With Transferring Title of Your Property

Purchasing a house is one of the biggest investments you make in your entire life. If someone else has title to your house, you must take action to transfer title. It would be best to consult a real estate attorney to ensure your interests are protected.

Next Steps

Contact a qualified real estate attorney to help you navigate issues relating to home ownership.

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