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

Pets Choice Pharmacy, Briffault's Law And Hypergamy, Where Do Nectarines Grow, Ford As Built Data Codes, Sweet Potato And Lentil Curry Slow Cooker, Social Studies Workbook 2nd Grade, Venev Diamond Stropping Compound, Food Network Ina Garten Turkey Brine, Rockway Conservation Area, Periyar Mother Tongue, Sysco Order Form, Public Health Phd No Gre, North American Lutheran Church Separated From,