How to Remove Joint Owner Name From a House Deed w/o Mortgage

Either party can remove a co-owner's name from a house deed without a mortgage on the house with the consent of the other owner. The co-owner must agree to relinquish ownership rights. By completing a quit claim deed, the owner quits his interest in the home. The process is the same for a property which is your dwelling or an investment property such as a rental that you both own together.

To transfer the property out of one of the two owners name there are two documents that must be filed with the County Register of Deeds. The first is the Quit Claim Deed and the second is the Real Estate Transfer Statement Form 521, the second being a state Department of Revenue form.

The Quit Claim Deed will have to be completed and signed by both parties, and notarized. The Form 521 has to be completed fully but does not have to be notarized.

In many states the quit claim deed form is a real property deed which conveys only that interest in the property in which the grantor has title. Quit claim deeds do not guarantee good title to the property. Grant and warranty deeds guarantee that the grantor has full title to the property or the interest the deed states is being conveyed.

The legal spelling of a quit claim deed varies by state, including the use of quitclaim or quit deed. This type of deed is sometimes called a "quick" claim deed due to its frequent use to quickly resolve disputes in title or change title between family members.

• Quitclaim deeds offer no type of guarantee to the grantee that the title is free and clear of any liens or other defects.
• Quitclaim deeds don't have to list a sales price, however, an arbitrary amount such as $1.00 is often used.
• Quitclaim deeds are generally used between related people, or people who have close relationships.

To receive full ownership of the property follow these steps

Step 1: Obtain a quitclaim deed form. The register of deeds in the county where the house is located is supposed to keep this type of deed form. Sometimes they will tell you to have an attorney draft it. You have the right to obtain it from the county Treasurer or Register of Deeds upon request without paying an attorney. It is required the form have a three inch margin at the top.

Step 2: Fill out the quitclaim deed form. Insert the other person’s name in the space marked "grantor" and your name in the space designated "grantee” because you are assuming full ownership from the other person.

Step 3: Include the legal description of the property in the space on the form set aside for this purpose. You take the legal description off the current deed to the property, which is available through the register of deeds. Most states now have a web site where property information can be obtained online.

Step 4: Sign the quitclaim deed in front of a notary public. Both parties will need to be present and sign at that time. After it is notarized, two copies should be made, one for each of you to keep for your records.

Step 5: File the original notarized quitclaim deed at the register of deeds office. Pay the required filing fee. The fee differs from one county to another.

A quitclaim deed is a basic legal instrument that transfers whatever interest the other owner has in the house to you. It is commonly used when the transfer is between relatives and also in the event of a divorce. Using the quitclaim deed allows you to transfer that interest without undertaking a full-blown title search. This is why it is sometimes also referred to as a Quick Claim Deed, or Quickclaim Deed as well as Quit Claim Deed and Quitclaim deed.

Sample Text for a Quit Claim Deed

Quitclaim Deed

WITNESSETH, that [FULL NAME OF GRANTOR], not married, of [STREET ADDR], [CITY], [STATE], [ZIP], 
(the "Grantor"), in consideration of $1, the receipt and sufficiency of which is hereby acknowledged, 
remises, conveys, releases and quit claims to [FULL NAME], married, of [STREET ADDR], [CITY], [STATE], 
[ZIP], (the "Grantee"), the following described real estate in [COUNTY], [STATE]:

LEGAL DESCRIPTION FROM DEED
CITY PROPER
ADDRESS FROM DEED

The Grantor covenants jointly and severally with the Grantee that the Grantor:

(1) is lawfully seized of such real estate

(2) has legal power and authority to convey the same.

Executed this [#] day of [MONTY], [YEAR].

IN WITNESS WHEREOF the Grantor has signed and sealed this quitclaim deed the day and year first 
above written.

Signed, Sealed and Delivered
In the Presence of:

Sign:_____________
Name:____________
	  	

_______________
[TYPED NAME OF GRANTOR]

Grantor Acknowledgement


STATE OF [STATE]

COUNTY OF ____________________

In the State of [STATE], County of ____________________, on this [#]th day of [MONTH], [YEAR], 
before me, ____________________, a Notary Public in and for the said County in the State of [STATE], 
personally appeared [NAME OF GRANTOR], known to me, or whose identity has been proven on the basis 
of satisfactory evidence, to be the person described in and who executed this Quitclaim Deed, and 
acknowledged execution of this instrument as a free act and deed.


__________________________
Notary Public for the State of [STATE]

County of __________________

My Commission Expires: ______________________

Prepared by:

When there is a Mortgage on the Property

Although you can still file a quitclaim deed without refinancing the mortgage loan, the "Grantor" will still be financially responsible for the mortgage along with you. Refinancing the mortgage is the only way to change any financial obligations.

Warning - A Word on Title Insurance

Using a Quit Claim Deed May Void Title Insurance Coverage.

When you use a Quitclaim deed you will likely void any Title Insurance from the previous transfer. This has been challenged in court and law depends on the State, however, as a general rule, Title Insurance is lost. As an example, if you transfer a property to a family member via Quitclaim and later discover an issue with the title that goes back to a previous owner, something missed by Title Insurance in the past, or for another reason, the Title Insurance is now lost and you become responsible for the defect. If you transfer the property by Quit Claim Deed you could not make a claim under your title policy.

Warranty deeds and quitclaim deeds have similar functions, but they offer different levels of protection to the buyer. The warranty deed offers much better protection for the buyer. When transferring a property to another family member, the protection against a claim from a previous owner is not an issue, or shouldn't be within a family. The added expense of legal to utilize a warranty deed may then be unnecessary. It is considering defects dating back prior to ownership from within family members that the risk becomes relevant.