REAL ESTATE DEED TRANSFER

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A new real estate deed is required any time you want to add or remove a person's name from your property title, gift your property to a loved one, place your property in a living trust, or transfer your property to or from a business entity.

With a LegalZoom Real Estate Deed, you get:

  • Real Estate Deed Description of Property
    Research to determine the exact legal description of your property
  • File Real Estate Deed
    Filing of your real estate deed with your County Recorder's Office
  • Real Estate Deed Reviewed by Attorney
    When required, review by an attorney licensed in the jurisdiction of the real property

Common questions

When would I need to use a real estate deed transfer?

Adding or removing a name to the real estate deed. When you would like to add or remove a person's name on the property's title, you would need to file a real estate deed transfer. For example, you can add or remove your spouse, or remove a deceased co-owner. At least one of the original owners needs to remain on the title.

Person-to-person property transfers. Person-to-person transfers are transfers between individuals when there is a completely new owner such as transfers between parents and children, and grandparents to grandchildren.

Transfers into a living trust. When you are "funding" your living trust by changing the title of the property into the name of your living trust, you will need to use a real estate deed transfer.

Transfers to or from a business entity. If you are transferring the property to or from a corporation, LLC or other business entity that you own, you will need to use a real estate deed transfer.

Can I transfer property when money is being exchanged?

No. LegalZoom's Real Estate Deed Transfer service can only be used when money is NOT being exchanged. Special rules must be followed for property sales, and the county filing fee could vary depending on the sale price. If you are selling a property, we recommend that you contact an attorney, escrow company or title company to complete your sale.

What's the difference between a quitclaim deed and a warranty deed?

A quitclaim deed transfers whatever interest you have in the property and makes no guarantees. It's often used for adding or removing someone's name on the title, transfers between family members, transfers into a living trust, and by divorcing couples. NOTE: LegalZoom does not provide quitclaim deeds for the state of Texas. Instead, we substitute a warranty deed.

A warranty deed provides greater protection to the new owner because the current owner makes a promise that he or she legally owns the property and has clear title to the real estate. Warranty deeds are commonly used when selling real estate to another party. NOTE: LegalZoom does not provide warranty deeds for the state of California. Instead, we substitute a grant, bargain and sale deed with warranty language.

What if I have vacant land I want to transfer?

If the property is vacant land, or if no street address is assigned, then you'll need to enter as much information as possible about the location of the property (such as the mile marker, street intersection, map or lot number, assessor's identification number, etc.) in your questionnaire form.

Sample documents

View sample documents

Your final forms, documents and filings may differ depending on your state.

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