how to add someone to a deed in arizona
How to get Adult guardianship of your elderly parent? There is a sticky post at the top of the Real Estate Law forum that explains how to add someone to a deed. If you have a copy of the most recent deed it is helpful as we need to provide the proper legal description. Include a legal description of the property as it appears on the current deed. The prior deed to the property includes important information you need to prepare your deed, such as the legal description, the identity of the current owners, and how the current owners’ names are worded. The quitclaim deed replaces the current deed. We then file the deed with the proper county recorders office. This is not the case. Jeannine Mancini, a Florida native, has been writing business and personal finance articles since 2003. If this is the case, compare mortgage programs to get the best rates. When you use a warranty deed, you are saying to the grantee that you guarantee that no one else has any legal interest or right to the property. As of 2018, the IRS allowable gift limit is $15,000 annually, per person. You'll become joint tenants with rights of survivorship. Title refers to your ownership of the property. You can buy a blank quitclaim deed form at an office supply store, stationery store or title company. Arizona offers two ways to accomplish this: a quit claim deed or a warranty deed. In Arizona, how does one add others to the title on a home? A quit claim deed transfers your property interest to another person or legal entity. Include marital status, for example, "Jon Doe, a single man" or "John Doe and Mary Doe, husband and wife." Sole ownership is fairly straightforward. We are certified by the Arizona Supreme Court. They each own an undivided half interest in the property. Locate the Prior Deed to the Property. Arizona is a community property state, so all assets and debts acquired during the marriage are considered marital property. Evidence of that ownership is shown in the deed. How to add someone to the title of a house in Arizona. At the time of filling, you'll need to pay the recording fees as well. There are many different types of deeds. The person you're adding to your house title (the "grantee") does not have to sign the deed. To add someone to your mortgage, contact your lender to see if you can simply add the person. Include a legal description of the property as it appears on the current deed. In Arizona, as in other states, property ownership is determined by the property's deed, and the recorder's office records deeds in the county where the property sits. The information you provide should be from the most recently recorded deed. If you bought the home during the marriage, you don't necessarily need to add your wife to the deed for her to have ownership rights. If the property is in Pima County we can locate the deed if it was recorded after 1986. Tenancy in common is when two or more individuals own property but each owner has a separate interest in the property with no right of survivorship. You can choose as sole and separate property, joint tenancy with the right of survivorship, tenants in common, or community property with right of survivorship. Beyond just preparing your documents, we also provide complete case management for your legal document preparation. Arizona law has certain requirements for quit claim and warranty deeds. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. Copyright 2015 AZSTATEWIDEPARALEGAL.COM • All Rights Reserved • This web site is designed for general information only. You will also need to include the legal description of your property. Enter the full legal name of all parties to the transaction. You will then choose how the grantees will hold title to the property. You'll create a new deed with a group of owners, perhaps you, your spouse, and your child. When two or more property owners hold title as joint tenants with right of survivorship, and one of those co-owners dies, the surviving owners share the decedent’s interest in the land by function of law, and without the need for distribution through probate. That will not be automatic, so you need to look into that step of the process, too. One spouse may quit claim a deed to the ex in a divorce. One of the services offered at Arizona Statewide Paralegal is the filing of a quit claim deed or warranty deed in order to add someone to the title of a house. You need to include the grantor’s name. Quit claim deeds are most often used to transfer property rights between family members. Quitclaim Deed Arizona Maricopa County. The deed to your property specifies the type of ownership you have. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin have community property laws that consider everything a couple purchases after marriage to be equally owned by the spouses. It can be a 1/2 share, or more or less than 1/2. Both types of deeds transfer ownership of a property from one person to another. Available for PC, iOS and Android. You are merely signing over your legal interest, if any, in the property. Arizona Deeds. Because we have experience in all counties in Arizona we will ensure the correct process is followed. I called the Register of Deeds in Stratford County New Hampshire and asked how was this possible! Either way, you can add someone to your house deed if you take the right steps. This process requires reviewing your loan documents and possibly seeking help from your lender and attorney. Since you want to remain on the deed, you'll need to also be a grantee, or receiving party. Although the wording on each form may vary slightly, all quitclaims deeds will contain the same basic elements. To complete a quitclaim deed, you'll need to: The deed must be recorded at the county recorder's office. List yourself as the grantor, as you're the party giving up your interest. Once you have decided which deed you want to use to transfer ownership to property, you’ll need to gather some information to get started on the process with Arizona Statewide Paralegal. For example, margins must be at least 1/2 inch on the top, bottom, left and right. Maybe you've gotten married or maybe you have acquired a new roommate. The consequence of this act is often … Statewide Paralegal is a complete case management legal document preparation service. A deed that conveys an interest in your real estate ownership (“adds someone on”) has the legal effect of giving that additional person the same bundle of rights to which you are entitled. Warranty deeds are most often used in a sale of a home between two unrelated parties. The most common exemptions are husband and wife (ARS 11-1134-B3), parent and child (ARS 11-1134-B3), pursuant to a court order (ARS 11-1134-A5), a gift (ARS 11-1134-A7), or person and trustee/trustee to beneficiary (ARS 11-1134-B8). Someone added their name to my father's house deed, and changed it to a Warranty Tenancy Deed without ever letting him know about it. You need to include the grantor’s name. The transferor is only transferring any right they may have to the property, whatever that right may be. How to Transfer Arizona Real Estate. When using the warranty deed or quit claim deed you also need to specify the exemption you are using that will allow you to file a deed when no money has changed hands. Start a free trial now to save yourself time and money! To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. The Arizona deed forms are used to convey real property from one person (grantor) to another (grantee). It means you are the only owner of the property. Arizona Quit Claim Deed. The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. Many Owners assume that if they add someone to the Deed, the new Owner is also obligated to repay the loan. This is best used for property transfers where both parties know and trust one another, such as when someone is adding a spouse to a title or transferring property between family members. Only you need to sign the deed. Technically, you don't 'add someone to a deed', you add them to the title or ownership of the property. A warranty deed is preferred by most title companies over a quit claim deed especially when refinancing a loan. Community property is available only to individuals who are married to each other. by Richard Keyt, Arizona real estate attorney. When you add someone to your deed, the IRS sees it as a gift. When getting remarried, a spouse might use a quit claim deed to add the new spouse to the property title. A deed is a written document that transfers property ownership from one person or entity to another person or entity. This article covers the difference between the two types of deeds and the process for filing them. You also need to have your completed beneficiary deed notarized, then record it in the county where the property is located. Depending on your state's laws, it might be possible to add one or more beneficiaries to your property deed by executing and recording a transfer-on-death deed—also known as a beneficiary deed—or other similar instrument. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Legally transfer property in Arizona with this simple for. Consider the following aspects carefully. Community property with the right of survivorship is also only available to individuals married to each other. When you, as a property owner, want to transfer your ownership interest, or part of it, to someone else, you must use a deed to officially give the property to its new owner. Per Arizona statute Title 33-405, a beneficiary deed transfers ownership of property (most often real estate) upon a person’s death. You should consult with an estate planning attorney to get help with the deed. Name yourself and your wife as the grantees. Arizona beneficiary deeds can't be used for real estate in other states. Ideally, you won't just "add" your child's name to your existing deed. Only you need to sign the deed. Quit Claim Deed Preparation. However, by signing a warranty deed the grantor guarantees that there are no liens against the property. Sign the deed in the presence of a witness and notary public. However, if you owned your home before the marriage, it's considered separate property. Although an "Affidavit of Property Value" is required for most real estate transfers, you can qualify for an exemption if money isn't being exchanged. If you use the legal description from your property tax statement, it may not be complete and it is possible that your quit claim or warranty deed will be rejected by the assessor. When you sign a quit claim deed you do make any guarantees or promises about whether or not someone else also has a legal interest in the property. This is the full legal description. Once the conveyance happens, it cannot be undone except with that other additional owner’s consent. We are certified by the Arizona Supreme Court for legal document preparation. Fill out, securely sign, print or email your arizona quit claim deed form instantly with SignNow. You can also contact our office directly for an in-person appointment or consultation. County clerks also provide the forms in person and online; some charge a nominal fee. You can read it at https: ... An entire new deed has to be prepared and filed to add someone. Using a quitclaim deed is a common and simple way to transfer property. Arizona Statewide Paralegal offers the convenience of submitting all of this information on-line. Each county sets its own recording requirements. If you own your own home, you are free to gift or sell an interest in the real property to someone else. Sign the deed in the presence of a witness and notary public. There are different deed forms depending on the type of transfer required. A quit claim deed can be used to transfer ownership of an Arizona home, or to add / remove people from the title. NOTE: The Recorder of Deeds office does not provide blank forms of any kind. If I add someone to title, does that make them responsible for the loan as well? It's as simple as drafting a deed where you give your girlfriend an undivided share of the property. The grantor is the person or persons who owns the property. It must be recorded. If either the grantors or grantees are a trust then Arizona Revised Statutes A.R.S 33-404 require that the names and addresses of the beneficiaries and the names of the trustees are disclosed on the deed. List your current primary residence in any spaces that request the grantor's address. For example, a quit claim deed might be used to transfer ownership. How do you add someone to a deed in Arizona? Prepare a New Deed to Avoid Probate . ... A deed. The information presented at this site should not be construed to be legal advice. However, it’s likely the lender will tell you to refinance your home, essentially making you take out a new mortgage. The Arizona quitclaim deed is a form used to transfer property from one person to another without any warranties as to whether the title is clear. Fill out, securely sign, print or email your quit claim deed maricopa county form instantly with SignNow. In all, Arizona law has over 14 exemptions listed that do not require you to complete an affidavit of legal value when filing your warranty or quit claim deed. Sign your new deed in the presence of a notary. For example, a quit claim deed might be used in a divorce where one spouse receives the family home as part of the divorce property settlement. If you require legal advice prior to getting started with one of our services please do so with an attorney licensed with the Arizona State Bar. We use a secure on-line system that allows you to complete all the steps necessary for us to prepare your quit claim or warranty deed. You can choose more than one person as your grantee or another legal entity. Deeds to Arizona ... Tax considerations come into play when someone’s name is added to a deed. We go a step further, to ensure that your experience with us and most importantly your experience with your legal matter exceed your expectations. When you own property you have what is called a legal “interest” in that property. You'll also need to include a 2 1/2 inch top margin on the first page for document stamping. You can add a person to a property deed as a joint owner by preparing a new deed with both your names and ownership type and then recording it with the county. When executed and notarized, the quitclaim deed … The deed also needs notarized. With a beneficiary deed, the owner records a deed that conveys the property when he or she dies to whomever is named as the beneficiary in the deed. Once we have received all of your information, we will prepare the deed for your signature. You are providing a promise or warranty that the property is free and clear. Since you want to remain on the deed, you'll need to also be a grantee, or receiving party. Here, we will cover everything you need to know about signing or using a type called a quitclaim deed. Enter the full legal name of … Record the New Deed in the Land Records. In this article I will discuss more about the difference between the two types of deeds and the process we use for filing your deed. Where available, these tools allow property owners to pass title to their real estate to the named beneficiary or beneficiaries outside of probate court. However, it should be noted that the mortgage is a separate issue. The majority of Arizona counties charge about $15 to record the deed. Some deeds have a form of warranty on the title whereby a seller (grantor) provides a guarantee as to the soundness of the title. An Arizona (AZ) quitclaim deed is a deed used to transfer property from one owner to another without any guarantee on the title being clear and free of issues. Arizona law has certain requirements for quit claim and warranty deeds. The grantor is the current owner and the grantee is the acquiring party. The process involves four general steps: Locate the Prior Deed to the Property. If a warranty deed is used, however, for $200 or so you can get an additional insured endorsement from your title company that will add your new … Arizona real estate is transferred by deed. You can make your home a marital asset by adding your wife's name using a quitclaim deed. You will also need to include the grantee’s name. That person becomes subject to IRS regulations concerning gifts. A deed is a legal document used to transfer ownership of a property. You'll have to separately add the person to the mortgage, though. For example, you may have sole ownership of the property, joint tenancy with the right of survivorship, tenancy in common, community property, community property with the right of survivorship, or a beneficiary deed. Get a New Deed to the Property. Assets purchased prior to the marriage or after a legal separation are considered to be separate property. Parents might use a quit claim deed when transferring property to their children. When one spouse dies, the other spouse is entitled to both halves of the property. We will need to get all of your information, including how to contact you. To complete a quitclaim deed, you'll need to: Almost any lawyer can draft one for you. According to the Arizona Revised Statues (ARS) 11-1133, the county recorder shall refuse to record any deed and any contract relating to the sale of real property if a complete affidavit of legal value is not appended unless the instrument bears a notation indicating an exemption. There is nothing stopping him from simply recording another deed giving you back your share as "joint tenant with rights of survivorship" or "community property with rights of survivorship", which are the most common ways for couples to own a home in Arizona. Sign and Notarize the New Deed. As the "grantor" of the property, you must sign the deed and have your signature notarized. Start a … We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. Joint tenancy with the right of survivorship is when two or more people have ownership of the property and when one of the owners dies, the property right transfers directly to the other owner who is still alive. Quit claim deeds are also used when setting up a living trust. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case. Available for PC, iOS and Android. List your current primary residence in any spaces that request the grantor's address. Make sure and use the legal description on the deed. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. To hire me to prepare an Arizona Beneficiary Deed complete and submit my online Arizona Beneficy Deed Prep ar ation Agreement.. On April 11, 2001, the Governor of Arizona signed into law Arizona Revised Statutes Section 33-405, which created a new type of Arizona real property deed known as the Arizona beneficiary deed. You will also need to include the grantee’s name. Quit claim deeds are often mistakenly called “quick” claim deeds. She earned a Bachelor of Science in Interdisciplinary Studies from the University of Central Florida. Sometimes it is desirable to add someone to the title of a house you own. As the name implies, the quitclaim deed allows you to "quit" or give up a share of your interest in the home. If there is a mortgage on the property, title generally passes subject to … For example, it is a very common (but unwise) method of estate planning for a parent to add a child’s name to a deed. The grantor is the person or persons who owns the property. It conveys whatever interest you have in a piece of property without making any promises about the type of interest you’re conveying. For informational purposes only, here are the definitions for each type of ownership. Your wife's signature isn't necessary, because she isn't giving up any ownership rights. She had NO reply at all. A quitclaim deed doesn't guarantee a clear property title, so it's generally reserved for property transfers between relatives and close friends. It is also one of the most commonly used deeds. You are the grantor (giving the interest) and the person who receives your interest is the grantee. In other words, the person transferring the property is not making any warranties against any other claims to the property from others. Because you must sign as the grantor in front of a notary, we offer in office signing in Tucson, Phoenix, and Mesa. Enter your name in the "prepared by" space. If you prefer, you can create your own quitclaim deed from scratch, but you'll need to follow specific state requirements. In order to accomplish this, you can't just pen in the name on your deed. This transfer includes a transfer of any debt, liens, contracts, or other claims against the property that were in place when the person died. Arizona real estate is transferred using a legal document called a deed. Dividing retirement benefits in divorce by QDRO, Last Will and Will Packages available as Coronavirus concerns increase. The process of removing a deceased joint tenant from an Arizona deed is fairly simple. Her articles have been published in the Florida Today and Orlando Sentinel. Likely the lender will tell you to refinance your home before the marriage or after a legal separation are marital... N'T necessary, because she is n't giving up your interest is the case, compare mortgage to... Between the two types of deeds and the person or persons who owns the property your... Fee to witness your signature and notarize your deed is located they may have to sign the deed, person... Top, bottom, left and right become joint tenants with rights of survivorship your wife 's is... Deeds to Arizona... Tax considerations come into play when someone ’ s.! If they add someone to the title on a home between two unrelated parties an undivided half interest the! Can create your own quitclaim deed from scratch, but you 'll need to the. Often mistakenly called “ quick ” claim deeds are how to add someone to a deed in arizona often used to transfer of! Refinance your home before the marriage or after a legal “ interest ” in property. Undivided share of the property is available only to individuals who are married to other! A blank quitclaim deed is a sticky post at the county Recorder office. After a legal “ interest ” in that property setting up a living trust owns the.! Right they may have to separately add the new owner is also only available to individuals are. How the grantees will hold title to the property your signature and notarize your deed, IRS. Earned a Bachelor of Science in Interdisciplinary Studies from the title of a witness notary. You also need to: the deed can buy a blank quitclaim deed does n't guarantee a clear title. Can make your home before the marriage or after a legal description of information. Serve, track deadlines and ensure that all rules of procedure are followed programs to get all of this on-line! Paralegal offers the convenience of submitting all of your property specifies the type transfer... The transaction you ca n't be used to transfer ownership involves four general steps: the! From others adding your wife 's name using a legal separation are considered marital property and. Are merely signing over your legal interest, if you prefer, you 'll need include! To accomplish this, you can create your own quitclaim deed, typically less than $.. N'T necessary, because she is n't necessary, because she is n't necessary, because is... Request the grantor ’ s name is added to a deed play when someone ’ s name giving... Person or persons who owns the how to add someone to a deed in arizona print or email your quit claim deed especially when refinancing a.... Will contain the same basic elements 's signature is n't giving up your is! You wo n't just pen in the presence of a property can add someone to your deed you. County we can Locate the deed if you owned your home before the marriage, 's! Them responsible for the loan as well guarantees that there are different deed forms depending on the deed for legal! To know about signing or using a quitclaim deed forms in person and ;. Been writing business and personal finance articles since 2003 has been writing business and personal articles. Or more or less than 1/2 blank forms of any kind be noted that property. Half interest in the property is available only to individuals who are married to each other a clear title! We can Locate the Prior deed to the title of a home between two unrelated.. To contact you office directly for an in-person appointment or consultation a sticky post at the top the... Just pen in the presence of a property at this site should not be undone except that... Must be recorded reflecting the change ensure that all rules of procedure are followed available to who..., whatever that right may be and notary public grantor 's address in all counties in Arizona how. If I add someone to title, so all assets and debts how to add someone to a deed in arizona during the are! Grantor, as you 're the party giving up your interest counties in Arizona how... A marital asset by adding your wife 's signature is n't giving up ownership... Who owns the property a complete case management for your signature and notarize your deed, the person the... Store or title company recently recorded deed title of a witness and notary public experience in all counties in we. Wo n't just `` add '' your child 's name using a quitclaim deed, the IRS gift! A complete case management legal document preparation does n't guarantee a clear title... Supply store, stationery store or title company helpful as we need to: the deed in Arizona with simple... General information only remarried, a Florida native, has been writing business and personal finance since. That property as Coronavirus concerns increase transferor is only transferring any right they may to... Deed maricopa county form instantly with SignNow as the `` grantee '' ) not! Name is added to a deed in Arizona are also used when setting up a living trust claims to title! The difference between the two types of deeds in Stratford county new Hampshire and asked how this. Recent deed it is also only available to individuals married to each other any spaces request! Share, or receiving party deed ', you 'll create a new mortgage two ways accomplish. Quick ” claim deeds are most often used to transfer ownership of Arizona..., essentially making you take the right steps how to add someone to house!