Home Selling in Woodstock>Question Details

lindsay, Home Seller in Woodstock, GA

Name change before selling?

Asked by lindsay, Woodstock, GA Mon Jul 9, 2012

I got married a few years ago and never got around to changing my last name or adding my husband to the deed. Is this something that I have to do before I can sell the house? I have read that it requires hiring a lawyer and I would really just rather sell the house than worry about all that. Thanks!

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This may be able to be cleared up by the closing attorney when you sell. You should notify the closing attorney of the issue as soon as you have a binding agreement contract. There may be certain documents that will be required from you to do the paperwork, so you will want the attorney to know about it well in advance before the closing date.
0 votes Thank Flag Link Mon Jul 9, 2012
If the home is in your name then you may not have to worry about adding his name but he may need to sign off his rights as your spouse and occupant if your state as homestead rights. A real estate attorney can answer that in your state. You may need to sign an affadavit you are the same person with your maiden name and married name and may need to provide a copy of your marriage license. For legal advice it is best to check with a local lawyer who can guide you.
0 votes Thank Flag Link Mon Jul 9, 2012
You can easily file a quit claim deed and have it recorded with your county of residence. I just had clients do this, and it was pretty quick & painless (and inexpensive).

But yes, you really should get the name cleared up on the deed because when you go to closing, the title company is going to ask for ID, and when the names don't match, it causes problems. It's possible that you could just bring your marriage certificate as proof, but I wouldn't count on that.
0 votes Thank Flag Link Mon Jul 9, 2012
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