Sole ownership is fairly straightforward. The quitclaim deed replaces the current deed. Enter your name in the "prepared by" space. It means you are the only owner of the property. 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 will also need to include the legal description of your property. Enter the full legal name of all parties to the transaction. That person becomes subject to IRS regulations concerning gifts. Available for PC, iOS and Android. You will also need to include the grantee’s name. Although the wording on each form may vary slightly, all quitclaims deeds will contain the same basic elements. You can read it at https: ... An entire new deed has to be prepared and filed to add someone. 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. However, it’s likely the lender will tell you to refinance your home, essentially making you take out a new mortgage. 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. However, if you owned your home before the marriage, it's considered separate property. There are many different types of deeds. 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. Maybe you've gotten married or maybe you have acquired a new roommate. Once we have received all of your information, we will prepare the deed for your signature. The information you provide should be from the most recently recorded deed. Dividing retirement benefits in divorce by QDRO, Last Will and Will Packages available as Coronavirus concerns increase. We will need to get all of your information, including how to contact you. To complete a quitclaim deed, you'll need to: Arizona law has certain requirements for quit claim and warranty deeds. They each own an undivided half interest in the property. This process requires reviewing your loan documents and possibly seeking help from your lender and attorney. Arizona Quit Claim Deed. by Richard Keyt, Arizona real estate attorney. Both types of deeds transfer ownership of a property from one person to another. 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. If you own your own home, you are free to gift or sell an interest in the real property to someone else. Many Owners assume that if they add someone to the Deed, the new Owner is also obligated to repay the loan. You are merely signing over your legal interest, if any, in the property. 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 most secure digital platform to get legally binding, electronically signed documents in just a few seconds. You can make your home a marital asset by adding your wife's name using a quitclaim deed. She earned a Bachelor of Science in Interdisciplinary Studies from the University of Central Florida. 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. The grantor is the person or persons who owns the property. 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. Either way, you can add someone to your house deed if you take the right steps. 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. 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. Available for PC, iOS and Android. County clerks also provide the forms in person and online; some charge a nominal fee. Prepare a New Deed to Avoid Probate . In order to accomplish this, you can't just pen in the name on your deed. We are certified by the Arizona Supreme Court for legal document preparation. Evidence of that ownership is shown in the deed. The grantor is the person or persons who owns the property. Start a … 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. Only you need to sign the deed. List yourself as the grantor, as you're the party giving up your interest. We go a step further, to ensure that your experience with us and most importantly your experience with your legal matter exceed your expectations. 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. In Arizona, how does one add others to the title on a home? For example, margins must be at least 1/2 inch on the top, bottom, left and right. Ideally, you won't just "add" your child's name to your existing deed. You'll also need to include a 2 1/2 inch top margin on the first page for document stamping. Arizona real estate is transferred by deed. Arizona law has certain requirements for quit claim and warranty deeds. Since you want to remain on the deed, you'll need to also be a grantee, or receiving party. If the property is in Pima County we can locate the deed if it was recorded after 1986. Quit claim deeds are most often used to transfer property rights between family members. She had NO reply at all. 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. Technically, you don't 'add someone to a deed', you add them to the title or ownership of the property. Because you must sign as the grantor in front of a notary, we offer in office signing in Tucson, Phoenix, and Mesa. Community property is available only to individuals who are married to each other. 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. Make sure and use the legal description on the 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 … The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. Consider the following aspects carefully. Name yourself and your wife as the grantees. 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. You can also contact our office directly for an in-person appointment or consultation. 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. The Arizona deed forms are used to convey real property from one person (grantor) to another (grantee). For informational purposes only, here are the definitions for each type of ownership. Arizona offers two ways to accomplish this: a quit claim deed or a warranty deed. Each county sets its own recording requirements. If you have a copy of the most recent deed it is helpful as we need to provide the proper legal description. As the "grantor" of the property, you must sign the deed and have your signature notarized. Arizona real estate is transferred using a legal document called a deed. In other words, the person transferring the property is not making any warranties against any other claims to the property from others. This transfer includes a transfer of any debt, liens, contracts, or other claims against the property that were in place when the person died. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. Only you need to sign the deed. It can be a 1/2 share, or more or less than 1/2. When one spouse dies, the other spouse is entitled to both halves of the property. Legally transfer property in Arizona with this simple for. We are certified by the Arizona Supreme Court. Your wife's signature isn't necessary, because she isn't giving up any ownership rights. It is also one of the most commonly used deeds. Where available, these tools allow property owners to pass title to their real estate to the named beneficiary or beneficiaries outside of probate court. You also need to have your completed beneficiary deed notarized, then record it in the county where the property is located. This article covers the difference between the two types of deeds and the process for filing them. If this is the case, compare mortgage programs to get the best rates. When you add someone to your deed, the IRS sees it as a gift. Quitclaim Deed Arizona Maricopa County. As the name implies, the quitclaim deed allows you to "quit" or give up a share of your interest in the home. A warranty deed is preferred by most title companies over a quit claim deed especially when refinancing a loan. 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's as simple as drafting a deed where you give your girlfriend an undivided share of the property. A quit claim deed can be used to transfer ownership of an Arizona home, or to add / remove people from the title. The majority of Arizona counties charge about $15 to record the deed. 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. To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. You are the grantor (giving the interest) and the person who receives your interest is the grantee. Parents might use a quit claim deed when transferring property to their children. A quitclaim deed doesn't guarantee a clear property title, so it's generally reserved for property transfers between relatives and close friends. You can buy a blank quitclaim deed form at an office supply store, stationery store or title company. Arizona is a community property state, so all assets and debts acquired during the marriage are considered marital property. 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. This is not the case. Assets purchased prior to the marriage or after a legal separation are considered to be separate property. Fill out, securely sign, print or email your quit claim deed maricopa county form instantly with SignNow. Quit claim deeds are often mistakenly called “quick” claim deeds. 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. Fill out, securely sign, print or email your arizona quit claim deed form instantly with SignNow. There are different deed forms depending on the type of transfer required. It must be recorded. How do you add someone to a deed in Arizona? However, by signing a warranty deed the grantor guarantees that there are no liens against the property. You can choose more than one person as your grantee or another legal entity. Arizona beneficiary deeds can't be used for real estate in other states. When executed and notarized, the quitclaim deed … List your current primary residence in any spaces that request the grantor's address. 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. Per Arizona statute Title 33-405, a beneficiary deed transfers ownership of property (most often real estate) upon a person’s death. List your current primary residence in any spaces that request the grantor's address. I called the Register of Deeds in Stratford County New Hampshire and asked how was this possible! However, it should be noted that the mortgage is a separate issue. You'll have to separately add the person to the mortgage, though. Title refers to your ownership of the property. 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. Quit claim deeds are also used when setting up a living trust. 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. You should consult with an estate planning attorney to get help with the deed. 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. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. As of 2018, the IRS allowable gift limit is $15,000 annually, per person. That will not be automatic, so you need to look into that step of the process, too. If I add someone to title, does that make them responsible for the loan as well? One spouse may quit claim a deed to the ex in a divorce. The deed to your property specifies the type of ownership you have. At the time of filling, you'll need to pay the recording fees as well. This is the full legal description. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case. Beyond just preparing your documents, we also provide complete case management for your legal document preparation. Some deeds have a form of warranty on the title whereby a seller (grantor) provides a guarantee as to the soundness of the title. How to Transfer Arizona Real Estate. Because we have experience in all counties in Arizona we will ensure the correct process is followed. Arizona Statewide Paralegal offers the convenience of submitting all of this information on-line. The process involves four general steps: Locate the Prior Deed to the Property. How to get Adult guardianship of your elderly parent? The information presented at this site should not be construed to be legal advice. 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