Can My Name Be Added to a Deed Without My Consent?

As a general matter, no. A deed transfer is not valid unless it’s delivered and accepted.

A deed holder who is leaving a home to a beneficiary needs to talk with that beneficiary, and other loved ones. They should know what to expect for the deeds’ future. They should understand the reason the home is going to a particular recipient — whether that’s a relative, a friend, or an organization.

And if someone wants to put you on their deed, they must tell you — not surprise you. Otherwise, you could lose the property over a court challenge that you never acknowledged receipt of the deed during the transferor’s life.

Necessary Elements of a Deed

What does it take for a deed transfer to be valid? The deed must:

• Identify the property with an accurate legal description.

• Name the transferor (the “grantor”) and the recipient (the “grantee”).

• Be signed by the grantor, who must be legally competent to sign a contract. In many places, signing has to be done with a notary public.   

• Be delivered to, and accepted by, the named recipient.  

With the necessary elements in place, there’s now a new deed and a new owner. And that’s because it was delivered to, and accepted by, the named recipient.  Who… should be sure to record it! While filing the deed with the county is technically not required, you’re setting the stage for future complications if you leave a deed unrecorded.

Dependable deed forms are essential. Our continually updated forms comply with state and county standards and include supplemental documents as applicable.

The Opportunity to Refuse 

A gift of a deed can be turned down if the recipient isn’t inclined to accept the real estate. But how would the recipient get a chance to say “No, thanks” if the deed is granted in secret? The only future recourse for an unsuspecting recipient would be to petition a court to set the deed aside.

If you think someone might want to add your name to a deed, speak with the homeowner openly. And anticipate potential drawbacks if you were to accept. For example, if you become a co-owner, will actions of the other owner impact your resources and your financial profile?

 Dig in, and see if you can answer all of these questions:

• Who is doing a title search? What liens and other encumbrances exist on the title?

• Is the home current on its taxes, insurance, and utility bills?

• Are homeowners’ association dues (if any) up-to-date?

• What is the current level of costs to maintain the home?

• What about possible unpermitted restoration work, environmental hazards, or other liabilities? Do they exist in the home?

In short, acquiring a home is a complex decision. It demands diligence. It’s only fair to allow the person who receives the home to know what’s going on. To understand all cost, value, income and tax effects of accepting the deed, the recipient should have the opportunity to consult a tax expert.

But if a recipient is surprised to be named on a deed, is it possible to have the deed set aside? If you learn that you’ve been transferred a deed without a chance to say “No, thanks” then you need to create a written disclaimer of interest as soon as you are made aware. Deliver your disclaimer to the representative of the estate. Do this within nine months of the death of the transferor. Don’t live in or otherwise use the property you intend to disclaim.

View one example (the Ohio form) to know what goes into a disclaimer of interest for real estate.

Adding a Family Member: Troubleshooting

Vesting a deed must meet the co-owners’ objectives for their lifetimes and beyond. That’s why communication is so important. Each party should take some time to speak with a tax attorney or accountant about potential capital gains, property and estate tax, medical benefits and homestead exemption consequences of a deed transfer.

And does the home have a mortgage? Transferring a deed will probably make refinancing necessary. Ask your mortgage consultant.

Are you hoping to name a minor child on the home deed? Multiple questions pop up here. Should you pass away while the recipient is still a child, a court would have to make sure the child’s interests were being protected. Meanwhile, the deed transfer is a taxable gift. Gift taxes apply to transfers of assets for no payment or for price that’s under market value. (Annual and lifetime gift tax exemptions offset the tax liability. Read up on gift taxes and exclusions here.)

And the child will miss out on the “stepped up” cost basis that inheriting though a will or a revocable trust could bring.  

A deed transfer could trigger the local tax officials to reassess the property value — meaning property taxes could rise.

Sometimes, a homeowner names a younger person as co-owner, and it’s the younger person who unexpectedly dies first. Before naming someone else on a deed, the owner should think all these possibilities through.

Are You Sure?

There are other ways to be sure someone gets your property in the future. A deed holder who wants to pass the home along could consider these alternatives: 

• Recording a transfer on death deed. Some states allow and publish a transfer on death form for real estate. The form lets real estate bypass probate. Sign and record this document with your county recorder, and your home passes to the named beneficiary when the time comes.

• Forming a life estate. This option could make sense if the owner wants to live in the home now, yet pass the home to a named beneficiary at death.

• Writing a will. This is a famously simple option. The beneficiary will receive a deed from the probate court. And a stepped-up cost basis!

• Creating a trust. Establish a living trust for a home, and you can revoke it at any point in your life. The beneficiary also receives the stepped-up cost basis.

If there’s a mortgage, call the company before changing a deed. No one can be added to a mortgage without a go-ahead from the mortgage company in any case.  

To Convey Something, Say Something

A deed holder can always create a deed to transfer an interest in the property to an additional party. Consult a lawyer in the state where the home exists. Real estate lawyers or estate & trust attorneys can check documents, guide helpful communications between the parties, and help lower the risks of creating a co-ownership.