Change of House Deed Ownership

Change of house deed ownership requires careful legal documentation to ensure the transfer is valid and recognized by local property authorities.

Every so often, readers of my blog reach out with real-life questions about property ownership and family changes. Recently, someone asked me this:

“I would like to remove my husband from the deed of our home and add my daughter instead. The loan is in my name only. What do I need to do?“

This is a very important question—and one that many homeowners face at some point. If you’re in a similar situation, here’s what you should know.

1. Know the Difference Between a Deed and a Loan

First, it helps to understand the difference:

• The deed shows who legally owns the home.
• The loan (mortgage) shows who is financially responsible for paying it.

Since the loan is in your name only, changing the deed will not affect the mortgage. But keep in mind, the lender still has a lien on the home until the loan is paid off.

2. Figure Out Your Husband’s Legal Interest

If your husband is currently listed on the deed, he has ownership rights that must be addressed before you can transfer ownership to your daughter. The type of ownership matters:

• Joint tenants or tenants by the entirety → he has equal rights.
• If his name was added later → he still must sign off to remove himself.

In nearly all cases, your husband’s cooperation will be required.

3. Use the Right Legal Document

The most common way to change ownership is through a quitclaim deed or warranty deed:

• Quitclaim deed – often used for family transfers, it simply transfers any ownership interest without guarantees.
• Warranty deed – offers more protection and legal assurances.

A real estate attorney or title company can prepare the right deed for your state.

4. The Process Step by Step

1. Have your husband sign a deed transferring his interest back to you.
2. Prepare a new deed that lists you and your daughter as owners.
3. Get the deed signed and notarized.
4. File the deed with your county recorder’s office to make it official.

5. Don’t Forget Legal and Tax Implications

Before making the transfer, consult:

• A real estate attorney – to ensure the paperwork is valid.
• A tax advisor – because gifting property to your daughter might trigger gift taxes.
• An estate planner – if your goal is to simplify inheritance, a living trust may be more effective than putting her directly on the deed.

The short answer to my reader’s question is this: yes, it’s possible to remove a spouse from the deed and add a child, but it takes the right legal documents, the cooperation of all parties, and proper recording with the county.

If you’re considering a similar change, always seek professional advice to protect both your property and your family’s future.

Remember: Changing a deed doesn’t affect your mortgage, but it does have legal and tax consequences—so don’t skip the step of speaking with a professional.

Frequently Asked Questions (FAQs)

1. Can I remove my spouse from the deed without their consent?

No. If your spouse is listed on the deed, they legally own part of the property. You cannot remove them without their signed consent on a new deed.

2. Will changing the deed affect my mortgage?

No. The mortgage is a separate document from the deed. Since the loan is already in your name only, you remain responsible for payments. The lender still has a lien on the property.

3. What document do I need to transfer ownership?

Most commonly, a quitclaim deed is used in family situations. In some cases, a warranty deed may be better. An attorney or title company can prepare the correct document for your state.

4. Do I need to notify my lender if I change the deed?

Yes, it’s a good idea. While the lender can’t stop you from changing ownership, they should be made aware since they have an interest in the property until the loan is paid off.

5. Will adding my child to the deed cause tax issues?

It might. Adding your child may be considered a gift, which can have gift tax consequences. Always check with a tax professional before transferring property to family.

6. Is adding my child to the deed the best way to leave them the house?

Not always. While it does give them immediate ownership rights, it could complicate taxes or future sales. Many people use a living trust or transfer-on-death deed instead, which can be better for estate planning.

7. How much does it cost to change a deed?

Costs vary by state and county, but you can expect to pay a filing fee (usually between $30–$150) plus any attorney or title company fees for preparing the document.