Home Selling in 75216>Question Details

Elena, Home Seller in 75216

If I get married do I have to change the name on my home deed?

Asked by Elena, 75216 Thu Mar 1, 2012

I got married and have a new last name but my property taxes still show my last name. will this cause problems if I go to sale my house and it has my old name on it? Also how do I change the name on my deed to my new last name?

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No, this should not cause a problem if you try to sell your house. The property tax office goes by the name on the deed in the deed records. I wouldn't necessarily execute a new deed or quitclaim to yourself; if you're that worried about it, just file a simple Affidavit of Identity in the deed records - it's a short form that says your maiden name is one and the same person as your married name - that way, your old and new names will appear in the chain of title for your property. You can get this form from an attorney, or download a form from LegalZoom or some other similar legal site. Fill it out, have it notarized, and file it in the county clerk's office. Again, I recommend the Affidavit over filing a new conveyancing instrument just to change a name - it's been my experience that multiple instruments like that can sometimes cause confusion and have unintended consequences.
1 vote Thank Flag Link Tue Jan 8, 2013
how can i get my dad deed under my name he passway about a 1year ago
0 votes Thank Flag Link Fri Jul 18, 2014
I am married and my name is on the home deed and on the home owner's association too.
But my name is not on the Loan. I need to remove my name from the deed now to buy another house for me. How cn I change my name from the deed?
0 votes Thank Flag Link Mon Jan 13, 2014
You do not have to change your name on your deed, I just closed on a house that the woman had been married while living there and her legal name was different than that which was on the Deed. If you do want to change it however you can contact an attorney or get on legalzoom for the form to change your name you will need to get it notarized as well mail it or deliver it to the county office.

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0 votes Thank Flag Link Fri Nov 8, 2013
Go online to your local Tax Assessor office and look for a name change form. Fill it out have it notorized and mail it in. I thought about changing my name on the house deed but if it's not necessary why do it.
0 votes Thank Flag Link Wed Oct 30, 2013
I am not an attorney. There are four points at least to consider: The property tax folks, the mortgage folks, the credit rating folks, and do you want to comingle the house into joint property. But the answer is no you do not have to change the name on your home deed. If you can provide your marriage certificate with your unmaried name and your new name to any potential buyer down the road. As far as tax payments go, they would take payments from a stranger down the street. Protect your credit and be sure your payments are clearly coming from you and thus to your credfit histor/rating. Because if your new spouse is writing the check, and misses a month, it's your credit that suffers; and if it is only his name on the check, your good credit history is not continuous. So you have time if you want to do the name change thing if you want to.
0 votes Thank Flag Link Wed Jan 2, 2013
I'm not a Realtor or Attorney and never played one on radio or tv...

This information arrived today from Texas Associatio​n of REALTORS®

Does a husband have rights in the property his wife bought before they got married?
My potential clients are a married couple. The wife owned the home before the husband moved in, and he was never formally named as an owner. What rights in the property does he have?

Texas is a community-property state. Many times, one spouse will own the home before marriage as his or her separate property. After marriage, if the parties live in the home together, then notwithstanding the separate property character of the home, the non-owner spouse acquires certain homestead rights.

When taking a listing agreement on a home in that situation, you should always require both spouses to sign the listing agreement and the contract. The title company will require both spouses to execute the deed in order to extinguish the homestead rights of the non-owner spouse.

The non-owner spouse's homestead rights are possessory in nature. Without the signature and cooperation of the non-owner spouse, the owner spouse can only transfer good title to a buyer but cannot deliver possession. Therefore, it is essential to have both spouses sign the listing agreement, the contract, the deed, and other closing documents.

Read more about listing agreements dealing with relationships in "It's complicated" in the November issue of Texas REALTOR® magazine. Or, visit the Legal section of TexasRealtors.com for frequently asked legal questions on a variety of topics.
0 votes Thank Flag Link Thu Nov 15, 2012
Is this valid in every state?
0 votes Thank Flag Link Mon Nov 12, 2012
You do not need to change your name on the deed, however it may be more convienent for you to do so. Here's why. When you go to sell your home, the title search will show your original name, you will simply have to prove that you are the same person and that your name has changed. This is typically done with a "same name as" affidavid. You will likely have to produce proof that your name has changed, such as a marraige certificate, or a change of name with the Social Security Office, new drivers license, etc. This can get a little picky depending on the title search. To change your name on the tax roles as well as the deed, you simply need to execute a Quit Claim Deed from your old name to your new name. Caution, make sure the lender knows your the same person in order to avoid a "due on sale clause" in your Deed of Trust, the instrument with the rules of transfer that came with your loan. I hope that helps.
0 votes Thank Flag Link Thu Mar 1, 2012
No you do not have to change your name. You may be asked when you are preparing to sell it to provide identification at that time, and your spouse will have to sign the deed too. Congratulations!
0 votes Thank Flag Link Thu Mar 1, 2012
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