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

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