How to transfer a Property Deed
Posted on September 3, 2022 by Amanda Gladin
When searching for how to transfer a property deed, reasoning for it matters. There are many times in a property’s life where a deed needs to be filed for a new owner. Yes, I said a property’s life. Either by selling the property, maybe someone needs to be added or removed from the deed, or you have inherited a property; a deed should always be filed to reflect these changes.
How to Transfer a Property Deed when Selling a Property
Selling a property is something people do all the time, especially with real estate agents. These agents can usually guide you to a title company that they trust to make sure you acquire the property with a clear title, they know exactly how to transfer a property deed. However there are times when a property owner has someone they want to sell their property to.
Are you the Seller?
In cases like these, it is best to utilize a title company to make sure the deed is done correctly, has title insurance, and you have a place to communicate with in the future, if something were to transpire where you need assistance on either a title insurance claim or due to a potential flaw on the deed – like a typo. Yes mistakes happen, we are all human, let them handle the correction, because they know best as to how to transfer a property deed.
Are you the Buyer?
Working with a title company even as a buyer is an absolute must, or you have no leg to stand on if you find out 10 years down the road that the house had a lien placed on it for repairs with the previous owner, which has now become a burden you weren’t even aware of.
It’s hard to deal with someone who says they know how to transfer a property deed without a title company, but they aren’t totally aware of all the other issues that can arise without using a title company to verify any liens or encumbrances. Just let them know that it isn’t necessarily about this current transfer you’re wondering about, and that you just want to be aware of the properties full history – past and present.
Adding or Removing Someone from the Deed
This can be a bit more tricky, especially in Texas. There are certain ways to add someone to a deed, especially when newly married or were married when the purchase took place.
It’s best to involve a title company so that you know the paperwork is done in such a way that if you end up selling the property in the future, it doesn’t have to be corrected and you can sell with ease. You do NOT really need to do a full opening of title in either case, usually it’s just the drafting of paperwork needed to make the following changes.
Are you Adding Someone?
This happens more often than one might think, for any number of reasons. The main one I can think of is when you get married and you want to share your separate property with them.
Depending on what your reasoning is, it is best to ask the title company how the deed will need to be worded to achieve the goal you are looking for. They will know exactly how to transfer a property deed to achieve your goal.
Are you Removing Someone?
Sometimes this particular situation is either a warm feeling reason or a sour feeling reason. Hopefully it’s the warmer of the situations that have you looking into how to transfer a property deed.
In the case of a co-signer on your child’s loan or any other person you may have helped secure a loan that they satisfied. Now that the loan has been satisfied by them, you are ready to remove yourself from the title. Or maybe you’re the child searching for the answer to your request. Either way, you found it.
Just like with any of the previous examples – having a title company draft the type of deed needed to accomplish your goal. It’s just paperwork to remove the name that needs to be removed, it really is that simple, but since it’s legal paperwork – it has to be done by someone that knows the exact way it needs to be worded.
How to Transfer a Property deed on a Inherited Property
Figured I’d save the more complicated one to last. This one will take quite a bit of time and work on your part. Either by means of: 1) probate by the executor with a will or 2) by doing an heirship if all parties to the estate are on the same page.
With a Will
In this case, things may look clear and concise on the outside, but there are still quite a few moving parts. There is hopefully an independent executor, so the judge can entrust them to follow through with what is divided out amongst the persons included in the will, however there are some awkward times where certain people are left out from getting anything.
In the case, where there is just an even split amongst the heirs in the will, the executor with judges orders can divide and hand out inheritance according to the will.
Most people struggle with the length of time this can take, let alone the expense if all the family members are on the same page.
Without a Will
Now this one, we deal with a lot. A lot more people die without a will or die well before they even consider making plans for their departure from this earth.
With that being said, if there is a will, but an heirship doesn’t contradict the deceased wishes and all parties are in agreement, you may be able to skip the probate process all together.
Dying without a will is known as dying intestate. Luckily, if no will is present and all heirs to the estate are in agreement then we would handle heirship paperwork to complete this step.
There is a cost associated with it, but not nearly as much as probate nor does it take as long if all parties are helpful in completing the documents needed to fulfill the requirements.
Regardless of the reason, how to transfer a property deed is as simple as finding the right people to help you through the process. Whether that be a title company, real estate agent, or even people like us…we can help in every one of those ways, if the ultimate goal is to sell the property.
However we will gladly answer questions or give guidance to be a good neighbor. Give us a call today 832-839-0890