Can I Add a New Name to a Deed Without the Current Co-Owner’s OK?

If two people are on the deed to a house, can one party add someone else to the deed without the other deed owner’s permission? Maybe the owners are a senior and an adult child. Can the younger owner legally add a marriage partner to the deed without the senior owner’s go-ahead?

First, a basic Deeds 101 principle. All co-owners get a say when an interest in the property is transferred to a new party. A deed holder may create a deed to transfer an interest in the property to a new co-owner. But all current deed holders must agree.

Quietly changing a deed impacts each owner’s rights, and a deed that’s improperly changed is headed for a court to set the record straight. It could also trigger fraud charges.

Any exceptions? Retrieve your deed to see how the co-owners have vested their rights. Your current deed actually shows how you might bring an additional owner onto a co-owned title.

How Are You and Your Co-Owner(s) Vested? Tenants in Common Have Independent Power to Transfer a Deed.

Do the current co-owners have survivorship rights to your home? If so, you can’t unilaterally do anything to dilute your co-owner’s share.

Check to see whether your deed shows you vested your property as joint owners with rights of survivorship. It bears repeating: You can only transfer an interest in a jointly owned home if the joint owners all agree. Together, you may quitclaim the property to include an additional name on the new deed.

A quitclaim deed easily replaces the co-owners’ current deed with a new deed, with a new set of names. Be sure to speak to your mortgage company if you have a loan on the home, to prevent your lender from requiring a full payoff due to the title change.

Now, back to the vesting issue. if your names appear on the deed as tenants in common, the whole game changes. Each tenant in common may do as they wish with their own percentage of ownership.

Tenants in common? What are those?

A tenancy in common provides a basic form of vesting a deed. It allows co-owners to have different percentages of ownership. The owners designate the percentage each owner controls. So, a tenancy in common makes sense for co-owners who wish to control their stated percentage of the co-ownership.

When co-owners vest their property this way, these owners may will their property to others, or sell their own share as they see fit.

What if your deed doesn’t specify whether you and your co-owners are joint tenants with rights of survivorship or tenants in common?

When a deed lacks clear language telling whether it meant to create a tenancy in common or a joint tenancy, courts generally interpret the deed as creating a tenancy in common.

Now, if you do co-own as tenants in common, let’s get back to your original question.

How Would a Tenant in Common Transfer a Property Interest to Someone Else? Is Co-Owner Approval Needed?

A tenant in common can transfer any part of their own percentage of ownership. Permission from the other owner(s) is not needed. That’s right: a tenant in common owns an individual, separate interest in the property, and therefore may sell or transfer their share without the other owner’s consent. They can’t sell or convey the whole property, but they can convey their particular share!

Now, on to the deed creation. The new deed must:

• State the correct legal description (exactly as it already appears on the current deed).
• Name yourself as grantor, and name the additional, new co-owner as grantee.
• Be signed by yourself, a legally competent grantor. Check state law as signing may require witnessing and a notary stamp.   
• Be received and accepted by your newly named co-owner.  

Then record it. Must you record it? Well, you should, because leaving a deed unrecorded creates future problems.

We regularly review and update our forms to meet the current standards in each county and state. Deeds.com provides the right deed forms, right now.

What If I Talk to My Co-Owner and We Actually Agree to Add a New Co-Owner?

Great! First things first. Check your current deed to see how you have vested your property. You’ll need to vest the new owner’s interest using language of joint tenancy or tenancy in common.

Then you can draft your deed according to your plan.

When the deed is ready, both of you sign it as grantors, sharing your homeownership with an additional named party, your grantee. This does not really “add someone to the deed.” You’re not adding a name to your current deed. You are making a new deed.

The co-owners should sign the quitclaim with a notary to convey your co-owned property to the current owners plus your new co-owner.

Do file your quitclaim deed with the county recorder’s office in the home’s county. Updating the county records is vital. A recorded deed publicly declares who has rights and responsibilities connected to your particular piece of property.

Does a New Co-Owner Need to Be Notified of the Conveyance?

Absolutely. Remember, a newly named co-owner has to accept delivery of the deed and actually agree to be a co-owner of the property.

If the recipient of your newly created deed is taken by surprise, that’s never a good thing.

After all, there could be potential drawbacks for the recipient of a deed. For example, every co-owner is legally responsible for the continued payment of property taxes. Potential co-owners should have a reasonable opportunity to find out:

• What liens and other encumbrances exist on the title?
• Who needs to cover the maintenance, the mortgage, the insurance, gas and electricity, and homeowners’ association dues (if applicable)?
• Could any major hazards exist in the home?

Agreeing to be named on a deed is a complex decision.

An unprepared recipient could decide to have your new deed set aside.

How exactly could your deed recipient say no to an unexpected co-ownership? By creating a document called a disclaimer of interest as soon as the recipient finds out.

Here, as an example, you can see Ohio’s disclaimer of interest form for real estate.

Cover Your Bases: Get Individualized Advice

As you decide how to vest a home’s deed, questions arise – legal, tax-related, intergenerational and personal questions. Your tax specialist can guide you through the potential impact on your taxes. A financial adviser can help ensure your estate planning is effectively meeting your goals.

To understand the effects of accepting an ownership interest, the recipient, too, should consult their own tax pro, and consult a lawyer to understand risks and benefits of co-owning a home. 

Please take note: Our articles do not substitute for the situation-specific legal advice of a licensed attorney in your state.