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We go a step further to ensure that your experience with us and, most importantly, your experience with your legal matter exceed your expectations. No problem. 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. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. How do you add someone to a deed in Arizona? The notary will charge a small fee to witness your signature and notarize your deed, typically less than $10. Arizona real estate is transferred by deed. No hidden fees or recurring costs. As mentioned above, property acquired during the marriage is usually considered to be owned by both spouses as community property. Ownership of the property can be transferred to another person or even a corporate entity. Start a free trial now to save yourself time and money! Copyright 2015 AZSTATEWIDEPARALEGAL.COM • All Rights Reserved • This web site is designed for general information only. husband and wife on deed along with this person. Warranty deeds are most often used in a sale of a home between two unrelated parties. If there is a mortgage on the property, title generally passes subject to the mortgage and any other liens or interests. You can also contact our office directly for an in-person appointment or consultation. Sometimes it is desirable to add someone to the title of a house you own. The notary will then add her ID number, credentials and notary stamp. When you add someone to your deed, the IRS sees it as a gift. ); and. 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. Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. As with a quit claim deed, ownership of a property is transferred from one person to another. Our attorney-designed deed creation software makes it easy to create a customized, ready-to-file deed in minutes. When to Use a Quitclaim Deed in Arizona. 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. Just a one-time, up-front fee for a customized deed and any related documents that you need. Quitclaim Deed Arizona Maricopa County. When getting remarried, one spouse might use a quit claim deed to add the new spouse to the property title. Welcome back to Ask My Buddy The Lawyer, a video blog where a real working attorney answers your legal questions quickly and most importantly, for free. No legal services are provided on this site. When you sign a quit claim deed, you do not make any guarantees or promises about whether someone else also has a legal interest in the property. Sign the quitclaim deed in her presence. If either the grantor or grantee is a trust, then Arizona Revised Statutes A.R.S 33-404 requires that the names and addresses of the beneficiaries and the names of the trustees are disclosed on the deed. If one person owns a piece of real estate and wants to bring on another owner, this means that the current owner would give up their interest in the property to themselves and the other person. There are different deed forms depending on the type of transfer required. You are the grantor (giving the interest) and the person who receives your interest is the grantee. This article covers the difference between the two types of deeds and the process for filing them. Recording fees start at $15.00 per deed. how much $$ to do this in Maryland is there a transfer tax when you do this?Thxs H ow to add my wife's name on the deed, there are no loans to the property. 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. For informational purposes, here are the definitions of these types of ownership: • Sole ownership means you are the only owner of the property. Copyright © 2020 DeedClaim LLC. Once the deed is prepared you have to record it with the county the house is located in. You do have to record the deed with the county land records office where the property is located. A quitclaim deed is used to legally transfer ownership of property, but need not be used in conjunction with an actual sale of that property. • Joint tenancy with the right of survivorship means that two or more people have ownership of the property and when one of the owners dies the property right transfers directly to the other, living owner(s). If the property is in Pima County, we can help you locate the most recently recorded deed, if it was recorded after 1986. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. Complete the interview at no charge. The deed must contain the right vesting language to transfer the property to the beneficiaries using the right warranty of title. Contact our office today so that we can walk you through the legal document preparation services we offer. The process involves four general steps: Locate the Prior Deed to the Property. Almost all property acquired during the marriage is treated as belonging to both spouses, even if only one spouse is listed on the property. Arizona is one of only nine community property states. Small Estate Affidavit of Succession and Avoiding Probate, Last Will and Will Packages available as Coronavirus concerns increase. You'll become joint tenants with rights of survivorship. The grantor is the person or persons who owns the property. As the "grantor" of the property, you must sign the deed and have your signature notarized. Following state law, the quitclaim deed should be accompanied by the divorce decree, or refer to it—including the court, case number, and the date of the decree. We will need to get all of your information, including how to contact you. This process requires reviewing your loan documents and possibly seeking help from your lender and attorney. A.R.S. The basics of adding someone new to your deed are the same in every state. It means that each individual owns an undivided half interest in the property. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. 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. Quit claim deeds are also used when setting up a living trust. Arizona law also gives special protection for property that a married couple owns as a marital home and uses as a primary residence (homestead). The deed to your property specifies the type of ownership you have. A quitclaim deed may also be used to add, delete or change a name on the title. The process involves four general steps: The last few steps are explained in more detail in the instructions (Next Steps) that come with each deed created by our deed preparation service. § 33-405 which created for the first time in Arizona the use of beneficiary deeds. As of 2018, the IRS allowable gift limit is $15,000 annually, per person. A deed called an “interspousal transfer deed” is a very popular way of putting a spouse's name on a house in California. Do I Need Bank Permission to Transfer Real Estate by Deed? With few exceptions, original signatures. Ideally, you won't just "add" your child's name to your existing deed. Technically, you don't 'add someone to a deed', you add them to the title or ownership of the property. To complete a quitclaim deed, you'll need to: Without adding someone to the title of my property, is there another way to name the person I want to have my property in the event of my death? • Beneficiary deed means that the owner has recorded a deed that conveys the property when he or she dies to whomever is named as the beneficiary in the deed. The deed should specify how multiple owners will hold title to the property. One spouse cannot convey homestead property without the consent of the other spouse. Sign, Notarize and Record the Deed Take the completed quitclaim to a notary public along with your ID. 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 is a rather convuluted situation, but my brother bought half of a home from a friend of his, but she didn't put him on the title. Your use of DeedClaim.com does not establish an attorney-client relationship. Some deeds have a form of warranty on the title whereby a seller (grantor) provides a … A definition of a “legal entity” may be a corporation, partnership, an association or trust, just to name a few. This type of deed transfers whatever ownership rights you have so that you and your spouse now become joint owners. To add a name to a car title when the car has a loan, you usually need the cooperation and consent of the lender. A.R.S. Quit claim deeds are most often used to transfer property rights between family members. It means that when one spouse dies, the other spouse is entitled to both halves of the property. You will also need to choose how the grantees will hold title to the property. (The grantor, remember, is the person or persons who owns the property.) There are two (2) main forms of a warranty deed, each with its own sphere of protection. Fill out, securely sign, print or email your quit claim deed maricopa county form instantly with SignNow. 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. A quit claim deed transfers your property interest to another person or legal entity. You are providing a promise, or warranty, that the property is free and clear. Almost any lawyer can draft one for you. This unique tool overcame the conundrum of how to simply pass real estate property to a person without elaborate estate planning, without probate proceedings, and without creating a present ownership interest in the real property. They are one of the most commonly used deeds. A deed is a written document that provides evidence of ownership of a property (also called “legal interest in a property”) and also is used to transfer property ownership from one person or entity to another person or entity. You, as the "grantor" -- the property owner -- make out a deed conveying title to two "grantees," yourself and your partner. The deed must be written, notarized, and delivered to the grantee. A.R.S. The deed will list you as the grantor and you and your spouse as grantees. § 11-475. This person is not on the mortgage just the deed. Once the deed is signed, it is recorded in the land records of the county where the property is located. 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. This article covers the difference between the two types of deeds and the process for filing them. Because you must sign as the grantor in front of a notary, we offer in-office signing in Tucson, Phoenix, and Mesa. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case.   If you change your mind -- perhaps you decide you want to leave the property to someone else at a later point in time -- you can simply revoke the deed or create and record a new one to supersede the old one and transfer the property to someone else. Each state has its own legal requirements that must be met for a deed to be valid under state law. Adding a name to the title of a home as 50% owner [ 2 Answers ]. As a community property state, Arizona law treats a married couple as a single economic unit. Include a legal description of the property as it appears on the current deed. You need to include the grantor’s name. 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. By default, community property is held without right of survivorship, meaning that each spouse’s interest must go through probate when the spouse dies. Three Arizona deed forms are named after the warranty of title that they either provide or don’t provide: Arizona recognizes two other deed forms that are named after their probate avoidance feature: Our deed creation service uses the information you supply in the easy online interview to create the appropriate Arizona deed form for your situation. AZ Statewide Paralegal offers the convenience of submitting all of this information online. Arizona Revised Statutes, Section 33-402 states that the following language is sufficient in a deed: 1. If you have a copy of the most recently recorded deed, that is helpful as we need to provide the proper legal description of the property. The lender would have a lien against the car for the loan and would technically be its owner. Arizona real estate is transferred by 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. Sign your new deed in the presence of a notary. You are merely signing over your legal interest, if any, in the property. We are certified by the Arizona Supreme Court for legal document preparation. We have experience in all counties in Arizona, and we will ensure the correct process is followed. Arizona offers two ways to accomplish this: a quit claim deed or a warranty deed. Using a quitclaim deed is a common and simple way to transfer property. § 33-453. 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 Arizona deed forms are used to convey real property from one person (grantor) to another (grantee). The spouses can change this by creating community property with right of survivorship. Since you want to remain on the deed, you'll need to also be a grantee, or receiving party. If the property is being transferred to or from a trust the deed must include the name and addresses of the trust beneficiaries, the name of the trust, and the recording information for the Certification of Trust. Arizona law has certain requirements for quit claim and warranty deeds. A beneficiary deed does not carry with it the disadvantages associated with adding someone as a joint tenant. | Terms of Use, How to Add a New Owner to the Title Deed to Real Estate, How to Remove a Deceased Owner from a Title Deed to Real Estate, How to Correct a Deed | Corrective Deeds and Scrivener’s Affidavits. Deed Transfers. • Tenancy in common means that two or more individuals own property but each owner has a separate interest, with no right of survivorship. 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. In some states, divorcing spouses may use the quitclaim deed to convey property; in other states, a deed without warranty is standard. Unmarried owners usually hold title in one of three ways. You shouldn’t take anything on this site to be legal advice or make any decisions based on it. To address the above issue, the Arizona legislature adopted A.R.S. You need to include the grantor’s name. You'll create a new deed with a group of owners, perhaps you, your spouse, and your child. You might have the option of refinancing the loan into two names, however. Arizona offers two ways to accomplish this: a quit claim deed or a warranty deed. To transfer or mortgage the property, both spouses must join on the conveyance or mortgage. We are certified by the Arizona Supreme Court. Re-access the interview and create a new document at no additional charge. A warranty deed is preferred by most title companies over a quit claim deed, especially when refinancing a loan. That person becomes subject to IRS regulations concerning gifts. If you want to transfer title to a friend or your child, the same principle applies. § 33-452. Each spouse is considered to own an undivided interest in the property. To be valid, each deed must meet the requirements of Arizona law. Arizona real estate is transferred using a legal document called a deed. The names of Arizona deeds are determined by the features of the deed. Arizona real estate is transferred using a legal document called a deed. These deeds are versions of quitclaim deeds, tailored for a married couple. No title search or complex transaction is necessary. We use a secure online system that allows you to complete all the steps necessary for us to prepare your quit claim or warranty deed. Sometimes it is desirable to add someone to the title of a house you own. 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 (as long as the grantees are a married couple). Classifying the property as community property has several consequences: In the deed preparation context, this means that a married person cannot create a valid deed to community property without the joinder of his or her spouse. Sign and Notarize the New Deed. The person you're adding to your house title (the "grantee") does not have to sign the deed. • Community property is available only to married couples. Only pay when you’re ready to create the deed. Upon the death of a spouse, the assets owned by the deceased spouse must go through probate (unless the property is held as community property with right of survivorship, as discussed below). Legally transfer property in Arizona with this simple for. If you require legal advice prior to getting started with one of our services please do so with an attorney licensed with the Arizona State Bar. Locate the Prior Deed to the Property. Record the New Deed in the Land Records. These deeds include: Arizona Beneficiary Deed Form Find Out More Get Deed, Arizona Quitclaim Deed Form Find Out More Get Deed, Arizona Special Warranty Deed Form Find Out More Get Deed, Arizona Warranty Deed Form Find Out More Get Deed, Arizona Life Estate Deed Form Find Out More Get Deed. The transferor is only transferring any right they may have to the property, whatever that right may be. Our online deed preparation service creates legally compliant Arizona deeds that are attorney-designed to be eligible for recording throughout Arizona. 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. Arizona recognizes several ways in which multiple owners can hold title to Arizona real estate. To add a spouse to a deed, all you have to do is literally fill out, sign and record a new deed in your county recorder’s office. Available for PC, iOS and Android. 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. Filing a beneficiary deed … You will also need to include the grantee’s name. Sign the deed in the presence of a witness and notary public. If you’ve recently married and already own a home or other real estate, you may want to add your new spouse to the deed for your property so the two of you own it jointly. It conveys whatever interest you have in a piece of property without making any promises about the type of interest you’re conveying. To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. Very often the motivation behind adding someone to the deed is really to make sure that the property transfers to a spouse or another family member. We then file the deed with the proper county recorder’s office. How to Transfer Arizona Real Estate. The information presented at this site should not be construed to be legal advice. It can be a 1/2 share, or more or less than 1/2. Quit claim deeds are sometimes mistakenly called “quick” claim deeds. AZ Statewide Paralegal offers professional legal document preparation services. Our user-friendly interview walks you through the process with state-specific guidance to help you create the right deed for your state and your goals. Most likely she’ll want to prepare a general warranty deed and give a 50% interest in the property. A deed allows the current owners (grantors) to transfer property to new owners (grantees). But by signing a warranty deed the grantor guarantees that there are no liens against the property. List your current primary residence in any spaces that request the grantor's address. You will also need to … 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. Adding a Person to a Deed Using a Quit Claim Deed One of the most common incorrect assumptions in real estate is that someone can be added to a deed. When you use a warranty deed, you are guaranteeing that no one else has any legal interest or right to the property. Need to make a correction? We have decades of experience preparing and filing deeds and other legal documents in Arizona. The simplest way to add a spouse to a deed is through a quitclaim deed. If she wants it all to go to her sister then a joint tenancy with a right of survivorship is a useful tool, that gives 100% to whoever survives the other. 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. In Arizona, the requirements for deeds include: Arizona has no documentary stamp tax or other form of real estate transfer tax, but recording fees must be paid with the transfer. In other words, the person transferring the property is not making any warranties against any other claims to the property from others. Our ARIZONA QUITCLAIM DEED may be used legally to transfer Arizona real property rights to another person or legal entity. Beyond just preparing your documents, we also provide complete case management for your legal document preparation. Statewide Paralegal is a complete case management legal document preparation service. Neither spouse can convey the property by selling his or her interest. The deed must be formatted correctly under the requirement for recorded documents, which include: At least a two-inch margin on the first page; Paper no greater than legal size (although letter size is fine and usually the best choice); A caption or title that states the type of instrument (Quitclaim Deed, Special Warranty Deed, etc. Once you have decided which type of deed you want to use to transfer ownership to property, you’ll need to gather some information to get started on the process with AZ Statewide Paralegal. Parents might use a quit claim deed when transferring property to their children. If this describes you, consider a Beneficiary Deed. You can choose more than one person or legal entity as your grantee. The use of a beneficiary deed to transfer real property will avoid the need for a probate proceeding in cases where the equity in the property is in excess of $100,000. If you simply add your child's name to your existing … Get a New Deed to the Property. Married couples also have additional options. Each deed should be designed to meet these requirements. How to Transfer Real Estate with a Power of Attorney, Free Online Deed Forms and Why You Shouldn’t Use Them. Arizona law has certain requirements for quit claim and warranty deeds. Adding the right of survivorship allows a deceased spouse’s interest to pass to the surviving spouse, avoiding the need for probate. The deed also needs notarized. • Community property with the right of survivorship is also only available to married couples. Once we have received all of your information, we will prepare the deed for your signature. A warranty deed is a deed where the person granting the deed agrees to defend the title from claims of others. NOTE: The Recorder of Deeds office does not provide blank forms of any kind. It's as simple as drafting a deed where you give your girlfriend an undivided share of the property.

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