FREQUENTLY ASKED QUESTIONS
Adding a new name(s) to the title of real estate requires the preparing, signing before
a Notary, and recording a New Deed in the Office of the Register of Deeds. This is usually
accomplished with a Quit Claim Deed, signed by you and your spouse, if any, and also
signed by anyone else currently in title and their spouse, if any, granting title to yourself,
anyone else also in title and the new names(s). Please note: signing before a Notary,
and recording deeds, are acts with legal consequences. Consultation with an attorney
or real estate professional is highly recommended.
2. SPOUSE IS DECEASED, HOW DO I TAKE NAME OFF OF PROPERTY?
This is accomplished by providing some form of Notice of Death in the Public Records.
If the married couple DID NOT hold title to the property as joint tenants, estate
proceedings for the deceased spouse will need to be opened in County Probate Court, in
the County where the property is located, OR, a Notice of such Probate proceeding
should be filed with the Register of Deeds if the deceased was not residing in the County
where the property is located. The Probate proceedings provide Notice of Death in the
Public Records.
If the married couple held title to the property as joint tenants, filing of a Death
Certificate for the deceased spouse with the Register of Deeds Office, will serve as
Notice of Death in the public records
3. I PAID OFF MY HOUSE , WHEN DO I GET MY DEED?
If, at the time of purchase, you took out a bank loan to buy your house, a deed from
the Seller transferring the house to you should, at the same time, have been recorded
with the Register of Deeds. The deed should then have been sent to you to be put in
a secure place for safekeeping. When the loan is subsequently paid off, you should
receive the original note from the Bank stamped 'paid in full'. The bank should then
file a release of the Mortgage or Deed of Trust that secured the loan to purchase the
house.
If you purchased the house under a land contract or contract for deed, the deed
to the house may be held by the Seller or held in Escrow by a third party. If all
payments owned under the contract have been made, the Seller and or third party
should be contacted to release your deed so that it may be recorded and then returned
to you for safekeeping.