How to remove a name from a deed
You can't erase a name from a recorded deed. What you do instead is record a new deed in which the person coming off transfers their interest to whoever is staying on. In almost every case that means a quitclaim deed, and the person leaving has to sign it.
The person coming off has to sign
There is no way around this except a court order. If they won't sign, can't be found, or have died, a deed is not your instrument. See the section at the bottom.
The five steps
- Confirm who is on the deed nowPull the current recorded deed from the county recorder. Names and spellings on the new deed must match it exactly, and you need the legal description from it anyway.
- Check the mortgage firstIf there is a loan, removing someone from the deed does not remove them from it. Sort out the refinance or assumption before anyone signs. This is the mistake that costs people the most.
- Prepare a quitclaim deedThe person leaving is the grantor; the person staying is the grantee. Include the legal description exactly as it appears on the prior deed and the vesting for the remaining owner or owners.
- Sign in front of a notaryOnly the person coming off has to sign in most states. 4 states also require witnesses. Never sign in advance.
- Record itFile with the county recording office where the property sits, pay the fee, and keep the receipt. Until it is recorded, the public record still shows the old ownership.
What it costs
| Item | Typical cost |
|---|---|
| Deed preparation (Deedly) | $39 |
| Deed preparation (attorney) | $300–$1,200 |
| County recording fee | $10–$100 |
| Transfer tax | Usually $0. Most states exempt transfers with no consideration |
| Notary | $5–$25, often free at a bank |
The mortgage problem
This deserves its own heading because it catches almost everyone. A deed changes who owns the property. A mortgage is a separate contract with the lender. Someone can sign away every ownership interest they have and still be fully liable on the loan, and if it defaults, it wrecks their credit while they own nothing. Full explanation.
If they will not sign
- Divorce: ask the family court to order the transfer. Judges can sign on a refusing party's behalf.
- Co-owners in a deadlock: a partition action forces a sale or a division. It is slow and expensive, but it works.
- They have died: a deed cannot move title out of a dead person's name. You need probate, a small-estate affidavit, or, if title was held with survivorship, an affidavit of death, which is far simpler.
- They cannot be found: a quiet title action can clear the record after a diligent search and published notice. This needs a lawyer.
$39. We ask about the mortgage first and tell you plainly what the deed will and won't do to it.
Common questions
No, not without a court order. A deed requires the signature of the person giving up their interest. The routes around it are a divorce order, a partition action, or a quiet title suit. All of them court processes.
It depends how title was held. With survivorship (joint tenancy or tenancy by the entirety) you record an affidavit of death plus a certified death certificate, and the survivor owns it outright. Without survivorship, the share is part of the estate and has to go through probate or a small-estate process first.
It can. Some states reassess on a change of ownership, and homestead, senior, or veteran exemptions may not transfer. Family and spousal transfers are often excluded from reassessment, but you usually have to file a claim form. Check with your county assessor before recording.
About ten minutes to prepare, a few minutes at a notary, and same-day recording if you go in person or e-record. By mail, allow one to three weeks for the stamped original to come back.
Keep reading
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.