what type of lawyer do i need to remove property from my name

Can I remove my name from a property deed?

Oct 24, 2010 · You do not necessarily need an attorney to prepare the documentation to remove your name from a deed. However, you may want them to prepare the document to make sure that it is done legally and correctly. Such issues as homestead and martial status are important clauses to be reflect on the conveying instrument.

Where can I find a lawyer to change my name?

The exact length of time required for a lien to expire varies depending on the type of lien and the law of the state that applies to the lien. Legal Help with Getting a Lien Released If a lien has been placed on your real estate due to a disputed debt, you should immediately contact an attorney for assistance in disputing and/or releasing the ...

How do you transfer a house deed without a lawyer?

The real property deed or title names any person with a vested interest in a piece of improved or unimproved land. Vested interest is a term which simply means a person has some right to the property. If one property owner dies or a married couple divorces, the decadent or former spouse's name must be taken off the title or deed.

Who is the owner of the property on the deed?

The same can be said if the property has some other kind of title issue. For instance, if the grantor does not truly hold title to the property, then the only deed they can give to the buyer is a quitclaim deed. If I Inherited a Property, How Do I Get a Deed? A different type of deed may be used when a person inherits property from a family member.

How much does it cost to file a quit claim deed in New York?

Tax After Completing Quitclaim Deed in New York The fee to file a New York state quit claim deed is unique to each county. However, as of 2018, the basic fee for filing a quit claim deed form ny of residential or farm property is $125, while the fee to file for quitclaim deed NY for all other property is $250.Jul 12, 2019

How do I file a quit claim deed in Texas?

How to Write a Texas Quitclaim DeedPreparer's name and address.Full name and mailing address of the person to whom recorded deed should be sent.The consideration paid for the real property.Grantor's name and status (single, married, or legal entity type)Grantor's mailing address.More items...

What are the disadvantages of a quit claim deed?

3 Disadvantages of Quitclaim Deeds No guarantees to the new owner: Unlike a warranty deed, a quitclaim deed does not guarantee that a property is free from title defects such as tax liens or title claims from third parties.Feb 25, 2022

How do I remove my name from a deed in Texas?

A person cannot be passively removed from a deed. If the person is still living, you may ask them to remove themselves by signing a quitclaim, which is common after a divorce. The individual who signs and files a quitclaim is asking to have their name removed from the property deed.

Where to submit a deed to a property?

Submit your form at the county or city office where you got the original property deed. Depending on the state, this office could be the county clerk or the land registry. Some jurisdictions require additional paperwork, like tax documents. Check with your local office to make sure you have everything you need.

How to get a copy of a deed?

3. Complete, review and sign the quitclaim or warranty form.

Why do you need a warranty deed?

A warranty deed, however, can be more appropriate in situations when there are multiple owners. A warranty deed can also prevent future challenges to ownership, because it clearly indicates the transferring party’s right to change the ownership. 2. Access a copy of your title deed.

What is the importance of knowing the type of property before you transfer ownership?

Before you transfer ownership of any type of property, it’s important that you know the kind of ownership that’s being discussed. Some are better handled with specific deeds of conveyance.

Where can I get a quit claim form?

Complete, review and sign the quitclaim or warranty form. You can get a quitclaim form online, from an office supply store or from your county or city clerk’s office. If you’re looking to remove your name, you must fill out the quitclaim form, using the same name found on the title deed.

Who is Marc Terrano?

He has previously worked at Finder as a publisher for frequent flyer points and home loans, and as a writer, podcast host and content marketer. Marc has a Bachelor of Communications (Journalism) from the University of Technology Sydney. He’s passionate about creating honest and simple reviews and comparisons to help everyone get value for money.

Can you remove someone's name from a deed?

Whether it’s due to death, divorce or a change in personal circumstances, it may become necessary for a name to be removed from a property deed. If it’s your name, you’ll typically complete a deed of conveyance. Eliminating the ownership rights of someone listed on a property deed typically involves removing the names from the deed and the title.

What to do if you have a lien on your property?

If a lien has been placed on your real estate due to a disputed debt, you should immediately contact an attorney for assistance in disputing and/or releasing the debt from your real estate. It is only by dealing with the underlying debt that you will be able to have the lien released, and any disputed debt may involve complex litigation that necessitate an attorney's assistance.

How to get a lien released?

First, if you satisfy the lien by paying the underlying debt in full, the creditor must execute a lien release that removed the lien from your property. Second, if a certain length of time passes, the lien will expire, and be automatically discharged or released. The exact length of time required for a lien to expire varies depending on the type of lien and the law of the state that applies to the lien.

How to complete a quitclaim deed?

Complete the quitclaim deed in its entirety. Name the "grantor" or person who is relinquishing rights to the property known in a purchase as the "seller.". Name the "grantee" or person who is obtaining rights to the property, known in a sale as the "buyer.". Include the property address and legal description.

What is a vested interest in real estate?

The real property deed or title names any person with a vested interest in a piece of improved or unimproved land. Vested interest is a term which simply means a person has some right to the property.

Who is Owen Richason?

Owen Richason grew up working in his family's small contracting business. He later became an outplacement consultant, then a retail business consultant. Richason is a former personal finance and business writer for "Tampa Bay Business and Financier.". He now writes for various publications, websites and blogs.

Who is the rightful owner of a property?

The grantor is the rightful owner of the property and can legally transfer its title; There are no liens, debts, or encumbrances on the property (neither prior to nor during their ownership period); and. If a legal issue does come up, then the grantor will be responsible for fixing it.

What happens when a lien is placed on a property?

Thus, if a property has a lien against it or there are title issues with a home, then this can have an impact on the type of deed that the seller will be able to convey. For example, a lien may be placed on a property when its owner has outstanding debts that they still owe (usually to a bank or creditor).

What is a deed?

A deed is a type of legal document that is used to transfer ownership rights in a home or other piece of property from the current owner to a new one. Although there are many different types of deeds, each of which has its own requirements, the majority of deeds generally include the following elements: 1 A description identifying the property being transferred; 2 The names of the parties who are taking part in the deed transaction (i.e., the grantor and the grantee); and 3 The signature of the party who is transferring the deed (note that the signature must be notarized by a notary public).

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 much does it cost to file a deed?

It should be noted that there may be a small fee to file the deed. The fee amount will vary by jurisdiction, but usually starts at around $10.

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.

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 ...

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 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 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 the difference between a deed and a title?

While a deed evidences the transfer of property, a title states how the ownership is held. The title sets forth the capacity of an owner to offer an interest in the home as collateral for mortgages, and to transfer the whole interest, or a portion of their property interest, to someone else in the future.

Can a will be written without a lawyer?

Wills, of course, are another way to transfer a deed, and a will can be written without a lawyer. A will is also a good way to pass a home on after death, to be sure an heir gets a stepped-up cost basis and receives a break on capital gains tax. But a will has no effect on deeds if their titles are vested in certain ways.

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.

Can a spouse leave a will?

Tenants by entirety: In states that allow this type of vesting, spouses may be able to keep creditors from placing liens on property for one owner’s debt without the co-owner’s consent.

Jay Bodzin

Your question doesn't explicitly indicate when you and your wife were married. If you purchased your house while married to your wife, then there is a rebuttable presumption, in the event that you divorce, that she is entitled to half of its value.

Amanda C Thorpe

First you real estate question- if she is on the deed to the house there is essentially no way to remove her name from the deed on your own. Certainly if she would sign off you could, but it doesn't sound like that.#N#As to the divorce issue, you do need to talk to a divorce attorney, and sooner rather than later.

Kevin Elliott Parks

You're going to want to contact and retain a divorce attorney, likely with significantly higher priority than a real estate transactional attorney.#N#While I do not practice divorce and/or family law in almost any capacity, it's no surprise that "she has gotten the idea" that she should get half of the house (and/or...

Joanne Reisman

A court in a divorce can consider all property in the marital estate regardless of whose name is no the title. As for you buying the house with "your money", the court would also consider that the money you used to buy the house was part of the marital estate.

What is a quitclaim deed?

There are two types of deeds of conveyance: quitclaim deeds and warranty deeds, but which one is better suited for the transaction depends on how the property is held and the purpose of the change in ownership. Both quitclaim deeds and warranty deeds indicate that the seller/grantor has ownership of the property and a right to transfer their ...

What is a deed of conveyance?

Deeds of Conveyance. A deed establishes the legal owners of a property. Whoever is named on the deed is considered the owner of the property. In order to change legal ownership of a property, it must be transferred, or conveyed, by the owner to another person through a deed of conveyance.

Can you remove someone from a deed?

Sometimes it becomes necessary to remove a person’s name from a property deed. This often happens in cases of divorce or death. Although it might seem like removing someone from a deed would be a simple process, it’s actually a complicated matter that is best left to a real estate law attorney.

Can a property be owned by multiple parties?

Property can be owned by multiple parties or title may be held in different ways that affect the ownership rights. The type of property ownership determines how the property may be transferred via deed. Types of property ownership include:

What is warranty deed?

Warranty deeds, on the other hand, do provide explicit assurance to the buyer/grantee that there aren’t any other people with claim to the property. That’s why warranty deeds are the most commonly used deed in typical real estate transactions.

What is joint tenancy?

Joint Tenancy. More than one person owns the property. Rights of Survivorship. More than one person owns the property and each is entitled to inherit an equal share upon another owner’s death. Tenants in Common. More than one person owns the property but none of them inherit any shares upon the death of another owner.

Can you remove someone's name from a deed in Florida?

There are several requirements that must be followed in order to legally remove someone’s name from a deed. Deeds are only valid if they are properly executed and delivered. In Florida, they should also be recorded with the local county clerk’s office.

How Do You Change a Name as an Adult?

There are several requirements that must be completed before a person can petition to have their name changed. Depending on the reason why they are changing their name and also on the relevant laws in their particular jurisdiction, these requirements generally include:

What Can Prevent Me From Changing My Name?

There are certain scenarios in which a person might be prohibited from having their name changed. In some cases, they may have to provide notice to a person who has an interest in their name change.