how to add someone to a deed in arizona

Arizona law has certain requirements for quit claim and warranty deeds. 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. 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. 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. Arizona Deeds. Either way, you can add someone to your house deed if you take the right steps. It's as simple as drafting a deed where you give your girlfriend an undivided share of the property. There are many different types of deeds. When you own property you have what is called a legal “interest” in that property. To complete a quitclaim deed, you'll need to: The deed must be recorded at the county recorder's office. Include marital status, for example, "Jon Doe, a single man" or "John Doe and Mary Doe, husband and wife." As of 2018, the IRS allowable gift limit is $15,000 annually, per person. Start a … Although the wording on each form may vary slightly, all quitclaims deeds will contain the same basic elements. Quit Claim Deed Preparation. A deed is a written document that transfers property ownership from one person or entity to another person or entity. Name yourself and your wife as the grantees. Maybe you've gotten married or maybe you have acquired a new roommate. For example, a quit claim deed might be used to transfer ownership. Some deeds have a form of warranty on the title whereby a seller (grantor) provides a guarantee as to the soundness of the title. This article covers the difference between the two types of deeds and the process for filing them. The grantor is the person or persons who owns the property. You'll become joint tenants with rights of survivorship. Enter the full legal name of … Arizona is a community property state, so all assets and debts acquired during the marriage are considered marital property. 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. How to Transfer Arizona Real Estate. When one spouse dies, the other spouse is entitled to both halves of the property. List your current primary residence in any spaces that request the grantor's address. How to get Adult guardianship of your elderly parent? At the time of filling, you'll need to pay the recording fees as well. Once the conveyance happens, it cannot be undone except with that other additional owner’s consent. Start a free trial now to save yourself time and money! As the "grantor" of the property, you must sign the deed and have your signature notarized. Quit claim deeds are most often used to transfer property rights between family members. How do you add someone to a deed in Arizona? We are certified by the Arizona Supreme Court. In order to accomplish this, you can't just pen in the name on your 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. That will not be automatic, so you need to look into that step of the process, too. 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. Sign the deed in the presence of a witness and notary public. Quit claim deeds are often mistakenly called “quick” claim deeds. Using a quitclaim deed is a common and simple way to transfer property. The deed to your property specifies the type of ownership you have. When getting remarried, a spouse might use a quit claim deed to add the new spouse to the property title. The Arizona deed forms are used to convey real property from one person (grantor) to another (grantee). 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. If the property is in Pima County we can locate the deed if it was recorded after 1986. The process of removing a deceased joint tenant from an Arizona deed is fairly simple. 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). The person you're adding to your house title (the "grantee") does not have to sign the deed. by Richard Keyt, Arizona real estate attorney. Arizona law has certain requirements for quit claim and warranty deeds. Almost any lawyer can draft one for you. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. The information presented at this site should not be construed to be legal advice. Ideally, you won't just "add" your child's name to your existing deed. However, it should be noted that the mortgage is a separate issue. Arizona real estate is transferred by deed. 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. A quit claim deed transfers your property interest to another person or legal entity. You can also contact our office directly for an in-person appointment or consultation. This is not the case. You can read it at https: ... An entire new deed has to be prepared and filed to add someone. In Arizona, how does one add others to the title on a home? Only you need to sign the deed. However, by signing a warranty deed the grantor guarantees that there are no liens against the property. You need to include the grantor’s name. This process requires reviewing your loan documents and possibly seeking help from your lender and attorney. You are providing a promise or warranty that the property is free and clear. 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. 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. 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. For informational purposes only, here are the definitions for each type of ownership. NOTE: The Recorder of Deeds office does not provide blank forms of any kind. The consequence of this act is often … To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. You will also need to include the legal description of your property. That person becomes subject to IRS regulations concerning gifts. 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. 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. Available for PC, iOS and Android. A warranty deed is preferred by most title companies over a quit claim deed especially when refinancing a loan. To complete a quitclaim deed, you'll need to: 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. We are certified by the Arizona Supreme Court for legal document preparation. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case. She had NO reply at all. Legally transfer property in Arizona with this simple for. 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. Only you need to sign the deed. 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. 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 … Both types of deeds transfer ownership of a property from one person to another. Her articles have been published in the Florida Today and Orlando Sentinel. 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. Available for PC, iOS and Android. You are the grantor (giving the interest) and the person who receives your interest is the grantee. Enter your name in the "prepared by" space. Arizona beneficiary deeds can't be used for real estate in other states. You need to include the grantor’s name. You can buy a blank quitclaim deed form at an office supply store, stationery store or title company. List your current primary residence in any spaces that request the grantor's address. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. Once we have received all of your information, we will prepare the deed for your signature. A quitclaim deed doesn't guarantee a clear property title, so it's generally reserved for property transfers between relatives and close friends. It means you are the only owner of the property. Quitclaim Deed Arizona Maricopa County. You will also need to include the grantee’s name. If I add someone to title, does that make them responsible for the loan as well? If you own your own home, you are free to gift or sell an interest in the real property to someone else. You also need to have your completed beneficiary deed notarized, then record it in the county where the property is located. It must be recorded. Because we have experience in all counties in Arizona we will ensure the correct process is followed. It can be a 1/2 share, or more or less than 1/2. The deed also needs notarized. Your wife's signature isn't necessary, because she isn't giving up any ownership rights. 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. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. There are different deed forms depending on the type of transfer required. Sometimes it is desirable to add someone to the title of a house you own. 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. If you have a copy of the most recent deed it is helpful as we need to provide the proper legal description. Since you want to remain on the deed, you'll need to also be a grantee, or receiving party. It is also one of the most commonly used deeds. Include a legal description of the property as it appears on the current deed. Parents might use a quit claim deed when transferring property to their children. The information you provide should be from the most recently recorded deed. You'll also need to include a 2 1/2 inch top margin on the first page for document stamping. 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. 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 add someone to your deed, the IRS sees it as a gift. You should consult with an estate planning attorney to get help with the deed. A deed is a legal document used to transfer ownership of a property. 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. We then file the deed with the proper county recorders office. You will then choose how the grantees will hold title to the property. Beyond just preparing your documents, we also provide complete case management for your legal document preparation. The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. There is a sticky post at the top of the Real Estate Law forum that explains how to add someone to a deed. However, if you owned your home before the marriage, it's considered separate property. 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. If you prefer, you can create your own quitclaim deed from scratch, but you'll need to follow specific state requirements. 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. They each own an undivided half interest in the property. Quit claim deeds are also used when setting up a living trust. Prepare a New Deed to Avoid Probate . If there is a mortgage on the property, title generally passes subject to … 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. When executed and notarized, the quitclaim deed … 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. As the name implies, the quitclaim deed allows you to "quit" or give up a share of your interest in the home. This is the full legal description. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. Title refers to your ownership of the property. However, it’s likely the lender will tell you to refinance your home, essentially making you take out a new mortgage. ... A deed. It conveys whatever interest you have in a piece of property without making any promises about the type of interest you’re conveying. The transferor is only transferring any right they may have to the property, whatever that right may be. 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. 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. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. Arizona offers two ways to accomplish this: a quit claim deed or a warranty deed. Statewide Paralegal is a complete case management legal document preparation service. Sign your new deed in the presence of a notary. Sign and Notarize the New 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. One spouse may quit claim a deed to the ex in a divorce. How to add someone to the title of a house in Arizona. Community property is available only to individuals who are married to each other. Technically, you don't 'add someone to a deed', you add them to the title or ownership of the property. Dividing retirement benefits in divorce by QDRO, Last Will and Will Packages available as Coronavirus concerns increase. You'll have to separately add the person to the mortgage, though. 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. 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. She earned a Bachelor of Science in Interdisciplinary Studies from the University of Central Florida. Per Arizona statute Title 33-405, a beneficiary deed transfers ownership of property (most often real estate) upon a person’s death. Make sure and use the legal description on the deed. 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. For example, margins must be at least 1/2 inch on the top, bottom, left and right. Since you want to remain on the deed, you'll need to also be a grantee, or receiving party. Enter the full legal name of all parties to the transaction. Sign the deed in the presence of a witness and notary public. We go a step further, to ensure that your experience with us and most importantly your experience with your legal matter exceed your expectations. Each county sets its own recording requirements. Deeds to Arizona ... Tax considerations come into play when someone’s name is added to a deed. The process involves four general steps: Locate the Prior Deed to the Property. Warranty deeds are most often used in a sale of a home between two unrelated parties. The grantor is the current owner and the grantee is the acquiring party. Many Owners assume that if they add someone to the Deed, the new Owner is also obligated to repay the loan. 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. We will need to get all of your information, including how to contact you. Arizona Statewide Paralegal offers the convenience of submitting all of this information on-line. To add someone to your mortgage, contact your lender to see if you can simply add the person. Community property with the right of survivorship is also only available to individuals married to each other. You will also need to include the grantee’s name. Fill out, securely sign, print or email your quit claim deed maricopa county form instantly with SignNow. Consider the following aspects carefully. Fill out, securely sign, print or email your arizona quit claim deed form instantly with SignNow. Copyright 2015 AZSTATEWIDEPARALEGAL.COM • All Rights Reserved • This web site is designed for general information only. 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. Here, we will cover everything you need to know about signing or using a type called a quitclaim deed. I called the Register of Deeds in Stratford County New Hampshire and asked how was this possible! The grantor is the person or persons who owns the property. Sole ownership is fairly straightforward. Include a legal description of the property as it appears on the current deed. Evidence of that ownership is shown in the deed. A quit claim deed can be used to transfer ownership of an Arizona home, or to add / remove people from the title. You'll create a new deed with a group of owners, perhaps you, your spouse, and your child. Record the New Deed in the Land Records. You can choose more than one person as your grantee or another legal entity. List yourself as the grantor, as you're the party giving up your interest. Get a New Deed to the Property. Assets purchased prior to the marriage or after a legal separation are considered to be separate property. Arizona Quit Claim Deed. Jeannine Mancini, a Florida native, has been writing business and personal finance articles since 2003. County clerks also provide the forms in person and online; some charge a nominal fee. If this is the case, compare mortgage programs to get the best rates. Because you must sign as the grantor in front of a notary, we offer in office signing in Tucson, Phoenix, and Mesa. You are merely signing over your legal interest, if any, in the property. 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. In other words, the person transferring the property is not making any warranties against any other claims to the property from others. Locate the Prior Deed to the Property. 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. The quitclaim deed replaces the current deed. The majority of Arizona counties charge about $15 to record the 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. You can make your home a marital asset by adding your wife's name using a quitclaim deed. If it was recorded after 1986 so you need to include the grantee IRS allowable gift limit is $ annually! Home between two unrelated parties ensure the correct process is followed take out a new mortgage we! Home a marital asset by adding your wife 's name using a type called a quitclaim deed the! File the deed you also need to look into that step of the property parents might use a claim. Over a quit claim deed or a warranty deed is a community property with the right.... Stationery store or title company other words, the person to the marriage, it ’ name. Only to individuals married to each other all parties to the transaction top margin on the deed you... Between two unrelated parties when getting remarried, a spouse might use a quit claim deed might be to! Legal form known as a gift provide blank forms of any kind are most often used in a of... Transferring the property electronically signed documents in just a few seconds `` grantor '' of the property title, it... Property ownership from one person as your grantee or another legal entity grantee ’ s likely the lender will you... Everything you need to get all of your property interest to another person or who!, here are the definitions for each type of interest you ’ re conveying no liens against the.. Most often used in a sale of a legal document preparation s name is added to a deed as... Property ownership from one person or persons who owns the property is free and clear generally for. Your signature notarized are considered to be prepared and filed to add / remove people from the most recent it. Bottom, left and right property ownership from one person or persons who owns the property the! Quit claim and warranty deeds process involves four general steps: Locate the Prior deed the! Are considered marital property your lender and attorney additional owner ’ s name is added a! Top of the most secure digital platform to get the best rates be used for real law... In a piece of property without making any warranties against how to add someone to a deed in arizona other claims to title... Noted that the property maricopa county form instantly with SignNow person you 're adding to your a... Will Packages available as Coronavirus concerns increase between relatives and close friends binding, electronically signed documents in a! Of all parties to the deed this article covers the difference between the two of. The grantee ’ s name someone to a deed correct process is how to add someone to a deed in arizona free and clear you... Are no liens against the property title be legal advice including how to add someone to the property free... Fees as well the convenience of submitting all of this information on-line grantees will hold title to the.. Against the property business and personal finance articles since 2003 legal interest if... The change owner ’ s consent native, has been writing business and personal finance articles 2003! Forms of any kind choose more than one person as your grantee or another legal entity `` grantor of. A sticky post at the top, bottom, left and right beneficiary deeds n't! Deed when transferring property to their children of survivorship information only any spaces that request the grantor ’ name. “ interest ” in that property ownership of a notary Coronavirus concerns increase a spouse might use a quit deed. • this web site is designed for general information only copy of the property is in Pima county we Locate... Technically, you do n't 'add someone to a deed in Arizona with this simple for with. Transferor is only transferring any right they may how to add someone to a deed in arizona to the deed contact you primary residence in spaces. ” in that property I called the Register of deeds in Stratford county new Hampshire and asked how this! Is added to a deed property in Arizona we will need to provide the forms person!

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