{"id":369414,"date":"2019-11-05T12:22:22","date_gmt":"2019-11-05T17:22:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/owning-a-home\/property-rights-deed-in-someone-elses-name.html"},"modified":"2024-01-19T15:27:46","modified_gmt":"2024-01-19T20:27:46","slug":"property-rights-deed-in-someone-elses-name","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/owning-a-home\/property-rights-deed-in-someone-elses-name.html","title":{"rendered":"Property Rights: Deed in Someone Else’s Name"},"content":{"rendered":"\n
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Property Rights: Deed in Someone Else's Name<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Does the deed<\/a> to your home list someone else’s name as the owner? Are you considering your options on how to transfer title to yourself? This article outlines the steps you need to take to ensure you have sole property rights to your home.<\/p>\r\n

If someone else has title to your property, you should verify their property ownership. Perhaps they are a prior owner of the property. The proper legal documents to transfer property title may have never been filed with your locality’s recorder’s office. In a real estate transaction concerning a change of ownership of the property, a deed is filed with the recorder as part of the public record. It reflects the names involved in the property transfer and memorializes real estate ownership.<\/p>\r\n

To make sure you have a clear title of a home, you have to conduct a title search<\/a> against the real property. The chain of title record will indicate all historical ownership interests. It will also confirm whether you are the sole owner of the property and whether any encumbrances <\/a>exist. For example, you may have other family members on title, or there may be a bank lien recorded.<\/p>\r\n

It is not unusual for a married couple to be listed as co-owners during the homebuying process. This is especially true in community property states<\/a> (like California) where both spouses are homeowners with right of survivorship<\/a>. For example, if a husband and wife are named as joint tenants<\/a> on the property deed, it might be improper to remove one of them. A joint tenancy appearing on any type of deed means there is more than one legitimate new owner.<\/p>\r\n

How Do You Remove Someone Else’s Name From the Deed?<\/h2>\r\n

After you have verified that you are the only person with a claim to the property, you can take steps to clear title. After identifying the incorrectly named parties on a deed, reach out to them. A title insurance company may help you do this by reaching out to them on your behalf.<\/p>\r\n

First, you should ask the wrongly named parties or party to transfer the title to you. This means they have to remove their names from the existing deed and replace it with your name. If the other party agrees for their name to be removed, you can have them sign either a quitclaim<\/a> or a general warranty deed<\/a>. Removing their name means they are relinquishing their property interest in the home and transferring it to you.<\/p>\r\n

A quitclaim deed will allow you to have ownership rights to the property. But you won’t get any legal assurances that no one else owns it or that it is not encumbered by liens<\/a> or mortgages<\/a>. With a warranty deed, on the other hand, the transferor guarantees that the property is not subject to liens or mortgages. It also guarantees no one else has a claim to the land.<\/p>\r\n

So, you can have the grantee (the person who originally had title to the property) sign the quitclaim or warranty deed. They will be transferring their ownership rights to you and anyone else you want included in the deed.<\/p>\r\n

What Should Be Included in a Quitclaim or Warranty Deed?<\/h2>\r\n

Both a quitclaim and warranty deed must include several elements. Some of them include:<\/p>\r\n