What changing a name on a deed means and why you might need to do it
Changing a name on a deed means updating the official record at your county or city that shows who owns the property. The deed is the legal document that proves ownership, and it is filed in a public record office — usually called the recorder's office, register of deeds, or assessor's office depending on your state. When you change a name on a deed, you are creating a new deed that transfers the property from the old name to the new name, then filing that new deed in the same office where the original was recorded.
You might need to do this after a marriage, divorce, legal name change, or to correct a misspelling from years ago. You might also do it to add or remove a co-owner, or to move property from an individual's name into a trust or business entity. The process is straightforward in most cases, but the exact steps and forms vary by state and county.
Key Takeaways
- You will need to prepare a new deed naming the correct owner or owners, have it notarized, and file it with your county recorder's office or equivalent.
- The specific deed form and filing fee depend on your state and county — contact your recorder's office to find out which form to use.
- A quitclaim deed is the simplest form for a name change when no money is exchanged, but some states and situations call for a warranty deed or other form.
- Filing fees typically range from $20 to $100 depending on location, and the process usually takes two to four weeks from filing to recording.
- If the property has a mortgage, you should notify your lender before filing, though in most cases a name change does not affect the loan itself.
Gather the information you will need before you start
Before you contact your recorder's office or prepare any documents, collect the original deed and any other ownership papers you have. You will need the property's legal description — the exact wording that appears on the current deed, not just the street address. You will also need the names of all current owners exactly as they appear on the deed, and the new name or names you want on the deed.
If you are changing your name due to marriage or legal name change, have a copy of the marriage certificate or court order handy. If you are adding or removing an owner, make sure all parties agree in writing. If the property is mortgaged, locate your loan documents so you know the lender's name and loan number — you will want to notify them, though they usually do not need to sign off on a name change.
Contact your county recorder's office to learn the local requirements
Call or visit the website of your county recorder's office, register of deeds, or assessor's office — the name varies by state. Tell them you need to change a name on a deed and ask three specific things: which deed form they require, what the current filing fee is, and whether they have a sample or template you can use. Many offices provide fill-in-the-blank deed forms on their website or will email one to you for free.
Ask also whether your state requires the deed to be prepared by an attorney. Some states do, some do not. If it is not required but you are uncertain about the legal language or your situation is complex (for example, if you are removing a spouse after divorce and there is a mortgage), hiring a real estate attorney for $200 to $500 is often worth the peace of mind. If you are straightforward correcting a misspelling or adding a spouse's name after marriage, you can usually do it yourself.
Prepare the new deed with the correct legal description and names
Use the form your recorder's office provided, or read a template from your state bar association or a legal document website. The deed must include the property's full legal description — copy this word-for-word from your current deed. It must also list the grantor (the person or people transferring the property, which is usually you) and the grantee (the person or people receiving it, which is also usually you, just with the new name).
For a straightforward name change — such as after marriage or a legal name change — a quitclaim deed is usually the right choice. It transfers whatever interest you have in the property without making any promises about the title. If you are changing the name on a property you own outright with no mortgage, a quitclaim deed is fast and inexpensive. If there is a mortgage, check with your lender first; some lenders prefer a warranty deed or a specific form, though most accept a quitclaim deed for a name change.
Fill in all blanks clearly and completely. Do not leave any field blank — if a field does not explore, write "N/A" or draw a line through it. Sign the deed in front of a notary public. You will need to bring a photo ID to the notary. The notary will watch you sign, verify your identity, and stamp the document with their seal.
File the notarized deed with your county recorder's office
Take or mail the notarized deed to your county recorder's office along with the filing fee. Most offices accept mail, and some accept electronic filing through their website. Include a cover sheet if your office requires one — ask when you call. Keep a copy for your records.
The office will stamp the deed with a recording number and date, then file it in the public record. This usually takes two to four weeks, though some offices are faster. You can call or check online to confirm the deed has been recorded. Once it is recorded, the new deed becomes the official proof of ownership, and the old deed is still on file but superseded.
Notify your mortgage lender and update other records
If you have a mortgage on the property, send a copy of the recorded deed to your lender's loan servicing department. Include a letter explaining that you have changed the name on the deed and that the property address and loan number remain the same. The lender does not usually need to approve this, but notifying them prevents confusion later if they pull the public record and see a different name than what they have on file.
You should also update the name on your homeowner's insurance policy, property tax records, and utility accounts if they are in your name. Contact your county assessor's office to make sure the tax records reflect the new name. These updates do not require filing anything new — a phone call or letter with a copy of the recorded deed is usually enough.
When to hire a real estate attorney instead
You should consider hiring an attorney if the property is mortgaged and the lender has specific requirements, if you are removing a spouse's name after divorce and there are complications, if the title has a lien or judgment against it, or if you are unsure whether a quitclaim deed is the right choice for your situation. An attorney can review your deed, make sure it complies with state law, and file it for you — usually for $300 to $600 total.
You should also consult an attorney if you are transferring property into a trust, a business entity, or a partnership, because those transfers often require different deed forms and may have tax implications. A brief consultation with a real estate attorney in your state costs $100 to $300 and can save you from filing the wrong document and having to file again.
Frequently Asked Questions
Do I need a lawyer to change a name on a deed?
No, not for a straightforward name change after marriage or a legal name change. You can prepare and file the deed yourself if your state does not require attorney involvement. However, if the property is mortgaged, if you are removing an owner, or if the situation is complex, an attorney's review is worth the cost to make sure the deed is correct.
What if I do not know the legal description of my property?
Call your county assessor's office or recorder's office and give them your street address and parcel number (on your property tax bill). They will provide the legal description. You can also find it on your original deed or on the county assessor's website, which is usually searchable by address.
Does changing a name on a deed affect my mortgage?
No, changing the name on the deed does not change the mortgage itself. The loan remains in the same name and amount. However, you should notify your lender so they know the deed has been updated. Some lenders have specific forms they want you to use, so ask before you file.
How much does it cost to change a name on a deed?
The filing fee ranges from $20 to $100 depending on your county. A notary typically charges $5 to $15 per signature. If you hire an attorney, expect $300 to $600. If you do it yourself with a notary, the total is usually under $50.
How long does it take for the new deed to be recorded?
Most counties record deeds within two to four weeks of filing. Some offices are faster. You can call your recorder's office or check their website to confirm the deed has been recorded. Once it is recorded, it is the official proof of ownership.