If you own your own home, you are free to gift or sell an interest in the real property to someone else. The person you're adding to your house title (the "grantee") does not have to sign the deed. The Arizona deed forms are used to convey real property from one person (grantor) to another (grantee). This article covers the difference between the two types of deeds and the process for filing them. We then file the deed with the proper county recorders office. Sole ownership is fairly straightforward. To complete a quitclaim deed, you'll need to: The deed must be recorded at the county recorder's office. If this is the case, compare mortgage programs to get the best rates. Arizona real estate is transferred using a legal document called a deed. For example, it is a very common (but unwise) method of estate planning for a parent to add a child’s name to a deed. It can be a 1/2 share, or more or less than 1/2. You will also need to include the grantee’s name. We will need to get all of your information, including how to contact you. Although the wording on each form may vary slightly, all quitclaims deeds will contain the same basic elements. How to Transfer Arizona Real Estate. When one spouse dies, the other spouse is entitled to both halves of the property. When executed and notarized, the quitclaim deed … Using a quitclaim deed is a common and simple way to transfer property. Sign your new deed in the presence of a notary. They each own an undivided half interest in the property. We go a step further, to ensure that your experience with us and most importantly your experience with your legal matter exceed your expectations. We are certified by the Arizona Supreme Court for legal document preparation. 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. To add someone to your mortgage, contact your lender to see if you can simply add the person. Either way, you can add someone to your house deed if you take the right steps. That will not be automatic, so you need to look into that step of the process, too. 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. Parents might use a quit claim deed when transferring property to their children. Where available, these tools allow property owners to pass title to their real estate to the named beneficiary or beneficiaries outside of probate court. Arizona real estate is transferred by deed. Only you need to sign the deed. 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. When you own property you have what is called a legal “interest” in that 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. To complete a quitclaim deed, you'll need to: You'll create a new deed with a group of owners, perhaps you, your spouse, and your child. Quit claim deeds are most often used to transfer property rights between family members. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. She had NO reply at all. 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. 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. You can also contact our office directly for an in-person appointment or consultation. The quitclaim deed replaces the current deed. A quitclaim deed doesn't guarantee a clear property title, so it's generally reserved for property transfers between relatives and close friends. You will also need to include the legal description of your property. Arizona Deeds. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin have community property laws that consider everything a couple purchases after marriage to be equally owned by the spouses. I called the Register of Deeds in Stratford County New Hampshire and asked how was this possible! Assets purchased prior to the marriage or after a legal separation are considered to be separate property. Available for PC, iOS and Android. However, if you owned your home before the marriage, it's considered separate property. Each county sets its own recording requirements. 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. Some deeds have a form of warranty on the title whereby a seller (grantor) provides a guarantee as to the soundness of the title. County clerks also provide the forms in person and online; some charge a nominal fee. There is a sticky post at the top of the Real Estate Law forum that explains how to add someone to a deed. 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. 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. List your current primary residence in any spaces that request the grantor's address. Dividing retirement benefits in divorce by QDRO, Last Will and Will Packages available as Coronavirus concerns increase. Record the New Deed in the Land Records. You are providing a promise or warranty that the property is free and clear. Technically, you don't 'add someone to a deed', you add them to the title or ownership of 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 example, margins must be at least 1/2 inch on the top, bottom, left and right. 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. It is also one of the most commonly used deeds. As of 2018, the IRS allowable gift limit is $15,000 annually, per person. Per Arizona statute Title 33-405, a beneficiary deed transfers ownership of property (most often real estate) upon a person’s death. It conveys whatever interest you have in a piece of property without making any promises about the type of interest you’re conveying. The process of removing a deceased joint tenant from an Arizona deed is fairly simple. Enter your name in the "prepared by" space. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case. Name yourself and your wife as the grantees. 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. The information you provide should be from the most recently recorded deed. Arizona beneficiary deeds can't be used for real estate in other states. You can make your home a marital asset by adding your wife's name using a quitclaim deed. You will then choose how the grantees will hold title to the property. That person becomes subject to IRS regulations concerning gifts. This is not the case. You will also need to include the grantee’s name. 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). When you add someone to your deed, the IRS sees it as a gift. How to get Adult guardianship of your elderly parent? The consequence of this act is often … The information presented at this site should not be construed to be legal advice. A deed is a written document that transfers property ownership from one person or entity to another person or entity. She earned a Bachelor of Science in Interdisciplinary Studies from the University of Central Florida. 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. Evidence of that ownership is shown in the deed. You need to include the grantor’s name. You can read it at https: ... An entire new deed has to be prepared and filed to add someone. Here, we will cover everything you need to know about signing or using a type called a quitclaim deed. 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. You can choose more than one person as your grantee or another legal entity. Quitclaim Deed Arizona Maricopa County. Community property is available only to individuals who are married to each other. You'll become joint tenants with rights of survivorship. 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. Copyright 2015 AZSTATEWIDEPARALEGAL.COM • All Rights Reserved • This web site is designed for general information only. Only you need to sign the deed. List yourself as the grantor, as you're the party giving up your interest. If there is a mortgage on the property, title generally passes subject to … In order to accomplish this, you can't just pen in the name on your 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. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. 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. 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. You need to include the grantor’s name. Quit claim deeds are often mistakenly called “quick” claim deeds. 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. You should consult with an estate planning attorney to get help with the deed. Ideally, you won't just "add" your child's name to your existing 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. The grantor is the person or persons who owns the property. ... A deed. Enter the full legal name of … The deed to your property specifies the type of ownership you have. If I add someone to title, does that make them responsible for the loan as well? Because we have experience in all counties in Arizona we will ensure the correct process is followed. Because you must sign as the grantor in front of a notary, we offer in office signing in Tucson, Phoenix, and Mesa. This process requires reviewing your loan documents and possibly seeking help from your lender and attorney. Her articles have been published in the Florida Today and Orlando Sentinel. How do you add someone to a deed in Arizona? Title refers to your ownership of the property. Once we have received all of your information, we will prepare the deed for your signature. It means you are the only owner of the property. 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. Legally transfer property in Arizona with this simple for. If you have a copy of the most recent deed it is helpful as we need to provide the proper legal description. 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. Prepare a New Deed to Avoid Probate . If you prefer, you can create your own quitclaim deed from scratch, but you'll need to follow specific state requirements. Arizona Statewide Paralegal offers the convenience of submitting all of this information on-line. You are the grantor (giving the interest) and the person who receives your interest is the grantee. This transfer includes a transfer of any debt, liens, contracts, or other claims against the property that were in place when the person died. NOTE: The Recorder of Deeds office does not provide blank forms of any kind. 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. Get a New Deed to the Property. You'll also need to include a 2 1/2 inch top margin on the first page for document stamping. However, it should be noted that the mortgage is a separate issue. 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. Maybe you've gotten married or maybe you have acquired a new roommate. Sign and Notarize the New Deed. As the "grantor" of the property, you must sign the deed and have your signature notarized. Enter the full legal name of all parties to the transaction. In other words, the person transferring the property is not making any warranties against any other claims to the property from others. The majority of Arizona counties charge about $15 to record the deed. Someone added their name to my father's house deed, and changed it to a Warranty Tenancy Deed without ever letting him know about it. Warranty deeds are most often used in a sale of a home between two unrelated parties. Almost any lawyer can draft one for you. Both types of deeds transfer ownership of a property from one person to another. 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. Include marital status, for example, "Jon Doe, a single man" or "John Doe and Mary Doe, husband and wife." How to add someone to the title of a house in Arizona. If the property is in Pima County we can locate the deed if it was recorded after 1986. Available for PC, iOS and Android. There are different deed forms depending on the type of transfer required. This is the full legal description. Since you want to remain on the deed, you'll need to also be a grantee, or receiving party. You can buy a blank quitclaim deed form at an office supply store, stationery store or title company. Since you want to remain on the deed, you'll need to also be a grantee, or receiving party. The deed also needs notarized. We are certified by the Arizona Supreme Court. Sign the deed in the presence of a witness and notary public. Quit Claim Deed Preparation. Include a legal description of the property as it appears on the current deed. by Richard Keyt, Arizona real estate attorney. Deeds to Arizona ... Tax considerations come into play when someone’s name is added to a deed. Fill out, securely sign, print or email your arizona quit claim deed form instantly with SignNow. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 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. Include a legal description of the property as it appears on the current deed. 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. Arizona is a community property state, so all assets and debts acquired during the marriage are considered marital property. There are many different types of deeds. List your current primary residence in any spaces that request the grantor's address. Locate the Prior Deed to the Property. A deed is a legal document used to transfer ownership of a property. One spouse may quit claim a deed to the ex in a divorce. Statewide Paralegal is a complete case management legal document preparation service. Arizona law has certain requirements for quit claim and warranty deeds. 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. It must be recorded. A warranty deed is preferred by most title companies over a quit claim deed especially when refinancing a loan. For example, a quit claim deed might be used to transfer ownership. 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. Sometimes it is desirable to add someone to the title of a house you own. A quit claim deed transfers your property interest to another person or legal entity. It's as simple as drafting a deed where you give your girlfriend an undivided share of the property. 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