What Changing a Deed Name Means and Who Does It
Changing the name on a house deed means updating the legal ownership record at your county recorder's office so that the property is registered under a different name. This is not something your mortgage lender does for you—you file the paperwork yourself or hire a title company or attorney to file it. The county recorder (sometimes called the register of deeds or assessor) is the government office that keeps these records and accepts the filing.
The process involves preparing a new deed document that shows the current owner and the new owner, then submitting it to the county where the property sits. Most states require the document to be notarized before filing. Once recorded, the new deed becomes the official legal proof of ownership.
Key Takeaways
- You file the deed change with your county recorder's office, not with your lender or the state, and the process usually takes two to four weeks after filing.
- A quitclaim deed is the simplest form for name changes within a family or between people who already own the property together, but it does not protect against title problems.
- You will need the current deed, a notary public to witness your signature, and the filing fee for your county (typically $50 to $200).
- If you have a mortgage, your lender must approve the change in writing before you file, and some lenders will not allow it without refinancing.
- Hiring a title company or real estate attorney costs $300 to $1,000 but handles the paperwork and filing for you and catches problems before they reach the recorder's office.
Reasons You Might Change a Deed Name
People change deed names for several common reasons. A marriage or divorce often requires updating the name to reflect a legal name change. Adding a spouse or family member to the deed during a refinance or as a gift is another frequent reason. Some owners change the deed to transfer property into a trust, or to correct a misspelling or error from the original recording.
If you are adding someone to the deed as a co-owner, both the current owner and the new owner typically need to sign the new deed. If you are removing someone, only the current owner usually needs to sign. The exact requirement depends on your state and the type of deed you use.
Quitclaim Deed vs. Warranty Deed for Name Changes
A quitclaim deed is the fastest and cheapest option for a name change. It transfers whatever ownership interest you have without making any promises about the title. If you are adding a spouse or family member, or correcting a name on an existing deed, a quitclaim deed is standard. You sign it, have it notarized, and file it with the county.
A warranty deed promises that you own the property free and clear and that you have the right to sell it. It offers more protection to the person receiving the property but costs more to prepare and is rarely necessary for a straightforward name change within a family. Use a warranty deed only if you are selling the property to someone outside your family and want to may provide the title.
For a name change alone—such as after marriage or to correct a spelling error—a quitclaim deed is sufficient and is what most title companies and attorneys will recommend.
Steps to File a Deed Name Change Yourself
Step 1: Get a copy of the current deed. Contact your county recorder's office or search their online records (most counties have a free searchable database). You can also ask your mortgage lender or title insurance company for a copy. Write down the exact legal description of the property from the current deed—this must match word-for-word on the new deed.
Step 2: Prepare the new deed. You can use a template from your state bar association, a legal document service, or hire an attorney. The deed must include the grantor (current owner), the grantee (new owner), the legal description, and the consideration (usually "love and affection" for family transfers or "for value received" for sales). Leave the notary section blank until you meet with the notary.
Step 3: Have the deed notarized. Take the unsigned deed to a notary public. Bring a photo ID. The notary will watch you sign, verify your identity, and stamp and sign the document. This usually costs $10 to $25. Do not sign the deed before meeting the notary—the notary must witness your signature.
Step 4: File with the county recorder. Take or mail the notarized deed to your county recorder's office along with the filing fee (check your county's website for the exact amount and where to send it). Keep a copy for your records. The office will stamp it with a recording number and date. This becomes your proof that the change was filed.
Step 5: Wait for confirmation. The county will mail you a certified copy of the recorded deed, usually within two to four weeks. This is your official proof that the name change is complete.
What to Do If You Have a Mortgage
If you still owe money on the house, your lender has a claim on the property and must approve any change to the deed. Contact your lender before you prepare the new deed and ask in writing whether they allow name changes. Some lenders will not permit it without refinancing the loan, which means explore for a new mortgage in the new owner's name.
If your lender requires refinancing, you will need to go through the full mortgage process process again. This can take 30 to 45 days and will involve a new appraisal, credit check, and closing costs. If you are straightforward adding a spouse or family member and your lender allows it, the name change on the deed does not affect the mortgage—the loan stays in the original borrower's name unless you refinance.
Always get written approval from your lender before filing the new deed. If you file without permission and your lender finds out, they may demand when ready repayment of the entire loan balance, a clause called a due-on-sale provision.
Hiring a Title Company or Attorney Instead
If you want to avoid the paperwork or are unsure about the process, a title company or real estate attorney can handle the entire filing for you. They will prepare the deed, arrange notarization, file it with the county, and send you the recorded copy. The cost is usually $300 to $1,000 depending on your state and the complexity of the change.
A title company or attorney also catches problems before filing—such as a misspelled name on the current deed, a missing legal description, or a lender requirement you did not know about. This can save you time and money by preventing rejected filings that you would have to refile and pay for again.
To find a title company, search online for "title company near me" or ask your real estate agent or lender for a recommendation. For an attorney, contact your state bar association's referral service or search for "real estate attorney near me."
Common Mistakes to Avoid
The most common mistake is signing the deed before meeting the notary. The notary must witness your signature—if you sign it beforehand, the notary cannot notarize it and the county will reject the filing. Always bring the unsigned deed to the notary.
Another mistake is not matching the legal description exactly. If the new deed says "Lot 5, Block 2" but the current deed says "Lot 5, Block 2, Revised," the county may reject it. Copy the legal description word-for-word from the current deed.
A third mistake is filing without lender approval if you have a mortgage. This can trigger the due-on-sale clause and force you to pay off the entire loan when ready. Always contact your lender first and get written permission.
Finally, do not assume the filing is complete when you mail it. Follow up with the county recorder after two weeks if you have not heard back, and request a certified copy of the recorded deed once it is processed. This is your proof that the change is official.
Frequently Asked Questions
How long does it take to change a name on a deed?
Filing takes about two to four weeks from the date the county recorder receives your paperwork. If you mail it, add a few days for postal delivery. Once recorded, you will receive a certified copy in the mail. The entire process from preparation to receiving the recorded deed usually takes four to six weeks.
Do I need a lawyer to change a deed name?
No, you can file the paperwork yourself if you follow the steps carefully. However, a lawyer or title company can handle it for you and catch errors before filing, which costs $300 to $1,000 but may save you time and prevent rejected filings.
Will changing the deed name affect my mortgage?
The deed change itself does not affect your mortgage payments or terms if your lender approves it. However, some lenders require you to refinance if you add someone to the deed, which means explore for a new loan. Always ask your lender before filing.
Can I change a deed name if the property is in a trust?
If the property is already in a trust, you typically cannot change the deed name without amending the trust document. Contact the attorney who set up the trust or a new real estate attorney to discuss your options.
What if I made a mistake on the deed after filing?
If the county recorded a deed with an error, you will need to file a corrective deed with the same information but noting that it corrects the previous filing. The process is the same as a regular deed filing. Contact your county recorder for their specific procedure.