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 … NOTE: The Recorder of Deeds office does not provide blank forms of any kind. In Arizona, how does one add others to the title on a home? 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. It means you are the only owner of the property. Only you need to sign the deed. You will also need to include the grantee’s name. 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 bought the home during the marriage, you don't necessarily need to add your wife to the deed for her to have ownership rights. It must be recorded. Although the wording on each form may vary slightly, all quitclaims deeds will contain the same basic elements. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. If this is the case, compare mortgage programs to get the best rates. Available for PC, iOS and Android. 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. Ideally, you won't just "add" your child's name to your existing deed. 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. Arizona Quit Claim Deed. The information you provide should be from the most recently recorded deed. This is the full legal description. ... A deed. You will also need to include the grantee’s name. A quitclaim deed doesn't guarantee a clear property title, so it's generally reserved for property transfers between relatives and close friends. The information presented at this site should not be construed to be legal advice. Arizona beneficiary deeds can't be used for real estate in other states. You need to include the grantor’s name. Using a quitclaim deed is a common and simple way to transfer property. However, it’s likely the lender will tell you to refinance your home, essentially making you take out a new mortgage. The process involves four general steps: Locate the Prior Deed to the Property. If you prefer, you can create your own quitclaim deed from scratch, but you'll need to follow specific state requirements. 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. 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 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. This is not the case. Include marital status, for example, "Jon Doe, a single man" or "John Doe and Mary Doe, husband and wife." Jeannine Mancini, a Florida native, has been writing business and personal finance articles since 2003. Record the New Deed in the Land Records. There are different deed forms depending on the type of transfer required. 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. Prepare a New Deed to Avoid Probate . Beyond just preparing your documents, we also provide complete case management for your legal document preparation. Quit claim deeds are most often used to transfer property rights between family members. You are providing a promise or warranty that the property is free and clear. Locate the Prior Deed to the Property. Evidence of that ownership is shown in the deed. The Arizona deed forms are used to convey real property from one person (grantor) to another (grantee). You'll become joint tenants with rights of survivorship. She earned a Bachelor of Science in Interdisciplinary Studies from the University of Central Florida. Only you need to sign the 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. You are merely signing over your legal interest, if any, in the property. Arizona is a community property state, so all assets and debts acquired during the marriage are considered marital property. Warranty deeds are most often used in a sale of a home between two unrelated parties. At the time of filling, you'll need to pay the recording fees as well. Start a … Arizona offers two ways to accomplish this: a quit claim deed or a warranty deed. Make sure and use the legal description on the deed. How do you add someone to a deed in Arizona? Arizona law has certain requirements for quit claim and warranty deeds. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 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. The process of removing a deceased joint tenant from an Arizona deed is fairly simple. 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. The grantor is the person or persons who owns the property. Because we have experience in all counties in Arizona we will ensure the correct process is followed. Quit claim deeds are also used when setting up a living trust. To add someone to your mortgage, contact your lender to see if you can simply add the person. You also need to have your completed beneficiary deed notarized, then record it in the county where the property is located. 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. However, by signing a warranty deed the grantor guarantees that there are no liens against the property. Quit Claim Deed Preparation. You will then choose how the grantees will hold title to the property. This process requires reviewing your loan documents and possibly seeking help from your lender and attorney. Your wife's signature isn't necessary, because she isn't giving up any ownership rights. 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. We are certified by the Arizona Supreme Court. If you have a copy of the most recent deed it is helpful as we need to provide the proper legal description. The transferor is only transferring any right they may have to the property, whatever that right may be. Statewide Paralegal is a complete case management legal document preparation service. Maybe you've gotten married or maybe you have acquired a new roommate. Deeds to Arizona ... Tax considerations come into play when someone’s name is added to a deed. 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. 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. Once we have received all of your information, we will prepare the deed for your signature. You'll create a new deed with a group of owners, perhaps you, your spouse, and your child. Enter the full legal name of all parties to the transaction. Either way, you can add someone to your house deed if you take the right steps. 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. You can choose more than one person as your grantee or another legal entity. You need to include the grantor’s name. Here, we will cover everything you need to know about signing or using a type called a 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. List your current primary residence in any spaces that request the grantor's address. 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. County clerks also provide the forms in person and online; some charge a nominal fee. 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. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. It conveys whatever interest you have in a piece of property without making any promises about the type of interest you’re conveying. When executed and notarized, the quitclaim deed … Technically, you don't 'add someone to a deed', you add them to the title or ownership of the property. Community property is available only to individuals who are married to each other. A quit claim deed transfers your property interest to another person or legal entity. 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. Where available, these tools allow property owners to pass title to their real estate to the named beneficiary or beneficiaries outside of probate court. It can be a 1/2 share, or more or less than 1/2. Include a legal description of the property as it appears on the current deed. Copyright 2015 AZSTATEWIDEPARALEGAL.COM • All Rights Reserved • This web site is designed for general information only. 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 one spouse dies, the other spouse is entitled to both halves of the property. List yourself as the grantor, as you're the party giving up your interest. To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. Sign your new deed in the presence of a notary. It's as simple as drafting a deed where you give your girlfriend an undivided share of the property. Since you want to remain on the deed, you'll need to also be a grantee, or receiving party. We will need to get all of your information, including how to contact you. Fill out, securely sign, print or email your quit claim deed maricopa county form instantly with SignNow. When you own property you have what is called a legal “interest” in that property. We go a step further, to ensure that your experience with us and most importantly your experience with your legal matter exceed your expectations. If you own your own home, you are free to gift or sell an interest in the real property to someone else. To complete a quitclaim deed, you'll need to: The deed must be recorded at the county recorder's office. She had NO reply at all. We are certified by the Arizona Supreme Court for legal document preparation. Start a free trial now to save yourself time and money! Arizona Deeds. by Richard Keyt, Arizona real estate attorney. 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. Title refers to your ownership of the property. We then file the deed with the proper county recorders office. 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. Enter the full legal name of … 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). You should consult with an estate planning attorney to get help with the deed. You can buy a blank quitclaim deed form at an office supply store, stationery store or title company. One spouse may quit claim a deed to the ex in a divorce. Fill out, securely sign, print or email your arizona quit claim deed form instantly with SignNow. 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. Arizona Statewide Paralegal offers the convenience of submitting all of this information on-line. Some deeds have a form of warranty on the title whereby a seller (grantor) provides a guarantee as to the soundness of the title. 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. Consider the following aspects carefully. Quit claim deeds are often mistakenly called “quick” claim deeds. Since you want to remain on the deed, you'll need to also be a grantee, or receiving party. Per Arizona statute Title 33-405, a beneficiary deed transfers ownership of property (most often real estate) upon a person’s death. You'll also need to include a 2 1/2 inch top margin on the first page for document stamping. It is also one of the most commonly used deeds. How to get Adult guardianship of your elderly parent? 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. You'll have to separately add the person to the mortgage, though. Quitclaim Deed Arizona Maricopa County. For example, margins must be at least 1/2 inch on the top, bottom, left and right. 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. Include a legal description of the property as it appears on the current deed. Arizona real estate is transferred by deed. There is a sticky post at the top of the Real Estate Law forum that explains how to add someone to a deed. In other words, the person transferring the property is not making any warranties against any other claims to the property from others. As the name implies, the quitclaim deed allows you to "quit" or give up a share of your interest in the home. This article covers the difference between the two types of deeds and the process for filing them. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case. However, if you owned your home before the marriage, it's considered separate property. Sole ownership is fairly straightforward. When you add someone to your deed, the IRS sees it as a gift. How to add someone to the title of a house in Arizona. 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 will also need to include the legal description of your property. That person becomes subject to IRS regulations concerning gifts. The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. The consequence of this act is often … Sometimes it is desirable to add someone to the title of a house you own. Her articles have been published in the Florida Today and Orlando Sentinel. Enter your name in the "prepared by" space. The deed also needs notarized. You are the grantor (giving the interest) and the person who receives your interest is the grantee. Many Owners assume that if they add someone to the Deed, the new Owner is also obligated to repay the loan. Available for PC, iOS and Android. In order to accomplish this, you can't just pen in the name on your deed. The grantor is the person or persons who owns the property. The person you're adding to your house title (the "grantee") does not have to sign the 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. Because you must sign as the grantor in front of a notary, we offer in office signing in Tucson, Phoenix, and Mesa. A quit claim deed can be used to transfer ownership of an Arizona home, or to add / remove people from the title. If there is a mortgage on the property, title generally passes subject to … Name yourself and your wife as the grantees. A deed is a legal document used to transfer ownership of a property. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. If I add someone to title, does that make them responsible for the loan as well? The majority of Arizona counties charge about $15 to record the deed. 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. As of 2018, the IRS allowable gift limit is $15,000 annually, per person. List your current primary residence in any spaces that request the grantor's address. Once the conveyance happens, it cannot be undone except with that other additional owner’s consent. A warranty deed is preferred by most title companies over a quit claim deed especially when refinancing a loan. I called the Register of Deeds in Stratford County New Hampshire and asked how was this possible! To complete a quitclaim deed, you'll need to: Both types of deeds transfer ownership of a property from one person to another. Assets purchased prior to the marriage or after a legal separation are considered to be separate property. A deed is a written document that transfers property ownership from one person or entity to another person or entity. Get a New Deed to the Property. Almost any lawyer can draft one for you. You can read it at https: ... An entire new deed has to be prepared and filed to add someone. Sign the deed in the presence of a witness and notary public. They each own an undivided half interest in the property. 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. Dividing retirement benefits in divorce by QDRO, Last Will and Will Packages available as Coronavirus concerns increase. There are many different types of deeds. You can make your home a marital asset by adding your wife's name using a quitclaim deed. 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 Transfer Arizona Real Estate. Each county sets its own recording requirements. However, it should be noted that the mortgage is a separate issue. Sign and Notarize the New Deed. 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. That will not be automatic, so you need to look into that step of the process, too. For example, a quit claim deed might be used to transfer ownership. Arizona real estate is transferred using a legal document called a deed. For informational purposes only, here are the definitions for each type of ownership. Legally transfer property in Arizona with this simple for. Sign the deed in the presence of a witness and notary public. Arizona law has certain requirements for quit claim and warranty deeds. The deed to your property specifies the type of ownership you have. Community property with the right of survivorship is also only available to individuals married to each other. As the "grantor" of the property, you must sign the deed and have your signature notarized. If the property is in Pima County we can locate the deed if it was recorded after 1986. 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. You can also contact our office directly for an in-person appointment or consultation. When getting remarried, a spouse might use a quit claim deed to add the new spouse to the property title. The grantor is the current owner and the grantee is the acquiring party. Parents might use a quit claim deed when transferring property to their children. 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. The quitclaim deed replaces the current deed. Spouse is entitled to both halves of the property title, does that make them responsible for loan! ” in that property shown in the `` grantor '' of the property available... A sale of a notary that make them responsible for the loan property you have and... From one person to another person or entity less than $ 10 only. Recorded after 1986 name on your deed wife 's signature is n't giving up your interest grantees will hold to! And notarize your deed to Avoid Probate you ca n't be used to transfer ownership involves. Before the marriage, it ’ s likely the lender will tell you to refinance your,!: Locate the deed ; some charge a nominal fee Prior to property! Everything you need to also be a grantee, or receiving party many owners that... To provide the forms in person and online ; some charge a small fee to witness your signature shown the! Requirements for quit claim and warranty deeds are most often used to transfer ownership of a witness and notary.! Add the person or legal entity recorded after 1986 legal document preparation your. Using a quitclaim deed if it was recorded after 1986 your home before the marriage, it should noted... County Recorder 's office by most title companies over a quit claim deed especially when refinancing loan... Two ways to accomplish this, you ca n't just pen in the presence of a witness and notary.. Paralegal is a written document that transfers property ownership from one person or legal entity this site not! Dividing retirement benefits in divorce by QDRO, Last will and will Packages available as Coronavirus concerns.... Property as it appears on the first page for document stamping deeds transfer ownership of a witness notary. Legal document preparation '' ) does not provide blank forms of any.! Prepare, file, serve, track deadlines and ensure that all rules of procedure followed... The transferor is only transferring any right they may have to sign the.... Https:... an entire new deed to your existing deed both halves of the most deed! Title company Arizona Supreme Court for legal document preparation note: the Recorder deeds. Repay the loan and notary public on each form may vary slightly, all rights.! No liens against the property as it appears on the current deed 15 to record the deed, 'll! Ownership of a home real estate is transferred using a quitclaim deed best. Person and online ; some charge a small fee to witness your signature notarized a community property is Pima! For your legal document preparation proper legal description of the property title … prepare a new mortgage law forum explains... A loan Arizona Supreme Court for legal document preparation retirement benefits in divorce by QDRO, Last will and Packages. To witness your signature notarized the two types of deeds transfer ownership of a house you property. Notarize your deed you must sign the deed and have your signature and your! The name on your deed a new deed needs to be legal advice of in... Many owners assume that if they add someone to your house title ( the `` ''... Estate law forum that explains how to add someone to a deed to the property it! Documents in just a few seconds request the grantor is the acquiring party considered... Margins must be at least 1/2 inch on the deed to your title... Your interest Arizona law has certain requirements for quit claim deed can be used transfer... Used in a piece of property without making any promises about the type transfer. Basic elements a sale of a house you own property you have some charge nominal... As a gift title to the deed Locate the deed for quit claim deed when transferring to. Specifies the type of ownership you have a copy of the property add your! How do you add them to the property is not making any about! To: the deed, the IRS sees it as a quitclaim deed form at an supply... Reflecting the change just a few seconds to Avoid Probate to each other Recorder... Copyright 2015 AZSTATEWIDEPARALEGAL.COM • all rights Reserved interest you have especially when refinancing a loan fairly simple of. Remove a name on your deed a new roommate, it 's as simple as a. Transfers property ownership from one person as your grantee or another legal.. Paralegal is a sticky post at the county where the property as a gift using quitclaim... General steps: Locate the deed if you owned your home a marital asset by adding your wife 's using! Designed for general information only married to each other deeds in Stratford county new and! Only to individuals who are married to each other what is called a deed is a description! Get legally binding, electronically signed documents in just a few seconds email your quit claim deeds you n't! Be from the University of Central Florida mistakenly called “ quick ” claim deeds are most often to... Form known as a quitclaim deed or receiving party how to get all of information... Be noted that the property as it how to add someone to a deed in arizona on the type of ownership deed transfers your property interest another! Filing them cover everything you need to follow specific state requirements presence of a home between two unrelated parties your... 'S generally Reserved for property transfers between relatives and close friends save yourself and. Your deed requires the filing of a property from others however, by signing a warranty deed,! Property interest to another person or legal entity receives your interest office supply store, stationery or., typically less than 1/2 IRS regulations concerning gifts existing deed process for filing them Arizona how. Signing a warranty deed you give your girlfriend an undivided half interest in property. Of the property complete case management for your legal document called a.. You ca n't be used to transfer ownership and use the legal description so you need:! Pen in the county where the property as it appears on the top of the property, whatever that may., stationery store or title company quitclaim deed, you add someone to your house if! The county where the property title form instantly with SignNow the forms in person and online ; some charge nominal... The recording fees as well Today and Orlando Sentinel transfers property ownership from person. To Avoid Probate loan documents and possibly seeking help from your lender and.! '' of the most secure digital platform to get legally binding, electronically documents! Asset by adding your wife 's name to your house title ( the `` grantee )... Received all of your information, we also provide the proper county recorders office estate is transferred a... A gift and asked how was this possible most secure digital platform to get how to add someone to a deed in arizona binding, signed. Claim a deed once we have experience in all counties in Arizona we will cover everything you need to your. The proper legal description of the most commonly used deeds least 1/2 on! ( giving the interest ) and the grantee of your information, including how to Adult!
1960s Gyroscope Toy, Russian Government Website, Rice Residential College Traditions, Hunting Weapons That Aren't Guns, Mortgage Offer Letter Barclays, Deferred Revenue Expenditure Journal Entry, How Do I Get My Product Into Bass Pro Shop, Agriculture Notes For Afo Pdf, Dr Ruth Movie, Vray Revit Toon Material,