how to add someone to a deed in arizona

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

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