If you’ve just inherited a house or you’re about to buy one, you’ll need to change the name on the deed. It’s an important process involving distinct legal considerations and procedures. Whether you’re a first-time seller or handling an inheritance, you need to safeguard your property rights effectively.

Changing the name on a deed is common for selling a house, gifting or inheriting a house, or when relationships change through marriage or divorce. To change a deed, you need to obtain the current one, have all owners sign the new deed in front of a notary, file it, and inform relevant parties. Consulting an attorney is advisable for legal complexities.

Common Reasons To Change the Name on a Deed

There are various reasons why people might change the name on a deed. Each situation has slightly different requirements. 

Selling a home

Changing the name on a deed when selling property is essential for ensuring the legal transfer of ownership. The updated deed reflects the new owner’s details, facilitating a clear and accurate record of property ownership. This process is crucial for completing real estate transactions and protecting the rights and interests of both the seller and buyer. 

Using a real estate agent is highly recommended since they can handle most of the details. This includes working with a title company to make sure everything is transferred correctly. If you live in Tennessee, you’ll need to use the right form.

Gifting property

Gifting property requires changing the name on a deed to transfer ownership from the donor to the recipient legally. This is most common when living parents give property to their children. 

Changing the deed helps ensure clarity in property ownership records, uphold legal requirements, and much more. The updated deed reflects the new owner’s information, confirming the gift’s legitimacy and preventing potential disputes over property rights. 

There isn’t a Tennessee gift tax. However, you may owe the federal government depending on the property’s value. The exemption limit for 2024 is $18,000 for individuals and $36,000 for married couples ($18,000 each). Anything higher will require you to file a federal gift tax return.

Inheritance

Understanding the need to change the name on a deed after inheriting a property is critical. Merely inheriting a property, whether through a will or Tennessee intestate laws, doesn’t automatically update the deed. 

Failure to transfer the deed can impede property transactions, hindering sales or financing processes. In cases involving a will, probate proceedings, facilitated by an executor’s deed and registration with the county register of deeds, ensure a proper transfer. 

Muniment of title provides a simplified probate alternative, ideal for second homes or smaller estates. An affidavit of heirship is required if there is no will. It acknowledges potential multiple heirs and requires a formal agreement for smooth property transfer.

Marriage

Marriage may prompt changing the name on a deed to reflect joint ownership. Updating the deed ensures that both spouses’ names are legally recognized as property owners. 

This is important for matters such as facilitating shared responsibilities and streamlining financial matters. Additionally, it helps avoid potential complications in case of future transactions. This creates a unified legal framework for the married couple’s joint ownership.

Divorce

Divorce often involves changing the name on a deed to remove the ex-spouse’s ownership rights. This legal step ensures a clear and accurate record of property ownership, preventing potential disputes. It also reflects the updated status of property ownership post-divorce, allowing for the proper distribution of assets and facilitating future real estate transactions. Changing the name on the deed is essential to protect the rights and interests of both parties. It maintains the integrity of property records per the divorce settlement.

How To Change the Name on a Deed

To change the name on a deed, begin by obtaining a copy of the current deed from the county clerk’s office. In this case, adding or removing an owner is a more substantial alteration. All current owners must sign the new deed in the presence of a notary public. 

After preparing the document, file it at the county clerk’s office or local land records office, paying any necessary filing fees. Notify relevant parties about the name change, providing them with a copy of the recorded deed as proof. 

It’s essential to wait for the county clerk’s office to process the deed. Once completed, the updated information should be reflected in public records.

When in Doubt, Speak to an Attorney

Consulting an attorney is crucial when changing the name on a deed. If in doubt, speak to an attorney to navigate the complex legalities.

In contested scenarios, attorneys adhere to Tennessee inheritance laws, providing expert guidance to resolve potential conflicts. Legal expertise safeguards against pitfalls, ensuring a seamless transition of property ownership and minimizing the risk of future complications.

Do you need help changing the name on the deed of a piece of property you’ve inherited? Contact us today to schedule your consultation!

It’s typical to alter the name on a deed due to property sales, gifts, inheritances, marriages, or divorces. To start this process, acquire the existing deed, ensure all owners sign the new one in the presence of a notary, file the updated document, and notify pertinent parties. Seeking legal advice from an attorney is recommended for navigating any legal intricacies.
At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is to make your life easier, which means guiding you through the process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.