Transferring property ownership by adding or removing names from a deed requires recording a new deed with the county recorder's office. You cannot simply edit an existing deed.
53 steps across 12 sections
1. Quitclaim Deed
- What it does: Transfers whatever interest the grantor has in the property, with no guarantees about clear title
- No warranties: Does not promise the grantor actually owns the property or that the title is free of liens
- Common uses: Transfers between family members, adding/removing a spouse, transfers into a living trust, divorce transfers
- Cost: Cheapest option ($50-$500 for preparation, plus recording fees)
- Risk to grantee: Highest risk (no title protection)
- Speed: Fastest to execute
2. Warranty Deed (General)
- What it does: Transfers ownership with full guarantees that the title is clear and the grantor has the right to sell
- Guarantees: Grantor warrants against all title defects, even those from before they owned the property
- Common uses: Standard home sales, any transfer where the grantee wants full protection
- Cost: Higher (often requires title search, $500-$2,000+)
- Risk to grantee: Lowest risk
3. Special Warranty Deed
- What it does: Grantor warrants only against defects that occurred during their ownership period
- Does not cover: Title issues from before the grantor acquired the property
- Common uses: Commercial transactions, bank-owned (REO) sales
4. Transfer on Death (TOD) Deed / Beneficiary Deed
- What it does: Transfers property to a named beneficiary upon the owner's death, avoiding probate
- Key feature: Revocable during the owner's lifetime; does not transfer ownership until death
- Availability: Not available in all states (available in approximately 30 states as of 2026)
- Common uses: Estate planning, avoiding probate without creating a trust
- Cost: $100-$500 for preparation and recording
- Benefit: Property passes outside probate, saving time and legal fees
5. Interspousal Transfer Deed
- What it does: Transfers property between spouses, typically during marriage or divorce
- Tax benefit: Generally exempt from property tax reassessment in most states
- Common uses: Adding spouse to title after marriage, removing spouse during divorce
6. Steps
- Determine the type of deed: Quitclaim for family/trust transfers; warranty deed for greater protection
- Prepare the new deed: Include full legal property description (from existing deed), names of all current owners (grantors), name(s) being added (grantees), and how title will be held (joint tenancy...
- Sign and notarize: All current owners (grantors) must sign; most states require notarization
- Record with county: File the new deed at the county recorder's office; pay recording fees ($25-$150)
- Notify mortgage lender: If there is an outstanding mortgage, adding someone to the deed may trigger a due-on-sale clause (see below)
7. Title Holding Options When Adding a Name
- Joint tenancy with right of survivorship: When one owner dies, their share passes automatically to the other(s)
- Tenancy by the entirety: Similar to joint tenancy but only for married couples; provides creditor protection
- Tenants in common: Each owner holds a separate, sellable share; no automatic survivorship
- Community property: In community property states, property acquired during marriage is owned equally
8. Common Scenarios
- Divorce: Court order or settlement agreement directs transfer; usually a quitclaim deed
- Death of co-owner: Depends on how title was held:
- Joint tenancy: File affidavit of survivorship + death certificate (no deed needed in most states)
- Tenants in common: Probate or will determines who receives the deceased's share
- Voluntary transfer: Person signs a quitclaim deed relinquishing their interest
- Gift: Current owner transfers their interest to the remaining owner(s)
9. Steps
- Obtain agreement or court order for the removal
- Prepare a new deed from the person being removed to the remaining owner(s)
- Sign and notarize (the person being removed must sign)
- Record with county
- Address the mortgage (removing a name from the deed does NOT remove them from the mortgage; refinancing is usually required)
10. Gift Tax
- Adding someone to a deed may be considered a gift for tax purposes
- In 2026, the annual gift tax exclusion is $19,000 per recipient
- Amounts above the exclusion reduce the lifetime gift/estate tax exemption ($15 million per person in 2026, made permanent by the One Big Beautiful Bill Act)
- Exception: Adding a spouse is generally not a taxable gift (unlimited marital deduction)
11. Property Tax Reassessment
- In some states (notably California under Proposition 19), adding a non-spouse to the deed can trigger a property tax reassessment to current market value
- Transfers between spouses and parent-to-child transfers may be exempt (with limitations)
- Check your state's specific rules before transferring
12. Capital Gains Tax (Step-Up in Basis)
- Inheritance: Heirs receive a stepped-up basis (fair market value at date of death), eliminating capital gains on appreciation during the decedent's lifetime
- Gift (adding name while alive): The grantee receives the grantor's original cost basis (carryover basis), meaning they may owe capital gains tax on the full appreciation when they eventually sell
- Tax planning tip: It is often better to transfer property at death (via will, trust, or TOD deed) rather than gifting while alive, to preserve the stepped-up basis
Common Mistakes
- Assuming removing a name from the deed removes mortgage liability
- Not checking title insurance implications
- Ignoring tax consequences
- Using the wrong deed type
- DIY errors