Home Buying in Wilmington>Question Details

felicia.alle…, Home Owner in Wilmington, DE

how to add a person to your deed?

Asked by felicia.allen20, Wilmington, DE Mon May 13, 2013

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5
Adding someone to the deed can be done by a Delaware Real Estate Attorney who will just draw up a new deed that you both have to sign. This gives the person 50% owernship in the home and therefore the State of Delaware is going to consider this a sale of 50% of the house so you will be charged a transfer tax of 3% on half the value of the home. if the person you are adding is your spouse or immediate family then you will be exempt from the transfer tax.

The new deed will need to be recorded at New Castle County and they will charge a fee to record the new deed.

John R. Thomas
Primary Residential Mortgage
NMLS 38783
302-703-0727 Office
1 vote Thank Flag Link Wed May 15, 2013
The process can be done simply and completely online through a professional deed service like Smart Deeds http://smartdeeds.com/. We work with the attorney involved so the process is professional and precise. 3 steps in total.
0 votes Thank Flag Link Tue Oct 29, 2013
I recommend going back to the real estate attorney who closed on your house, if that was within the last few years. If you need the name of a good local real estate attorney, let me know. I work with several and only work with the best. When you contact them, be sure to discuss your reasons for wanting to do this and the legal ramifications going forward.
0 votes Thank Flag Link Tue May 14, 2013
Be careful when adding someone to your deed if there is a mortgage. If you put another person on the deed then that person has to sign when you go to sell the property. IMHO not a good idea if you are the one responsible for the mortgage to put someone else on that now can control something you and only you are responsible for. The mortgage company will not come after the person on the deed just the person on the mortgage.

If no mortgage, contact a real estate attorney who can help you get theother person on the deed.
0 votes Thank Flag Link Mon May 13, 2013
Contact an attorney, they will be able to answer your question further and also would be required for the recording process.
0 votes Thank Flag Link Mon May 13, 2013
Please contact an attorney. I believe the transfer from husband and wife is not considered a sale, however any other person would be considered a sale and you could both be subject to the 3% Delaware real estate transfer tax.
Flag Sun Sep 8, 2013
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