Legal Name Change on Warranty Deed - Pros, Cons? Is it Necessary?

Legal Name Change on Warranty Deed - Pros, Cons? Is it Necessary?

Rental Property Investor · Portland, ME · Member since 2020 · 23 posts · 9 votes

Hello everyone,

I am brand new to Bigger Pockets and my journey as a real estate investor.

I own my primary residence in Maine under my maiden name.

I assumed (incorrectly) that changing the deed to reflect my married name would be a relatively straight forward process.

I have gotten conflicting opinions and answers looking online, calling title companies, speaking to the city hall and registry of deeds; they are as follows:

1. Do a quitclaim deed. It’s something I can do myself or have an attorney do. I’m wondering

-how difficult these are to do yourself

-what the risk is if something was done incorrectly (given that the warranty deed is in my maiden name either way).

2. Have an attorney and title company create a new warranty deed. With this option:

-has anyone done this and about how much did it cost? is it worth to have the warranty deed over a quitclaim deed if the only thing changing is my legal name?

I've been in banking for 10 years and know little things like a name not matching could cause delays in processes. I am trying to save money, educate myself and make sure all my finances are in order to be as bank ready as possible for my first real estate investment property. I may use my primary residence to take out a HELOC or refinance.

I’m not sure if I’m overthinking this or if this is something that will cause headaches later on.

Any advice is greatly appreciated!

Sincerely,

Sarah Msuya

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    6y

    Why? Seems simpler to show any evidence of your maiden name when you sell or refi.

  • Specialist · OverTheRainbow · Member since 2020 · 607 posts · 909 votes
    6y
    Originally posted by @Sarah Msuya:

    Hello everyone,

    I am brand new to Bigger Pockets and my journey as a real estate investor.

    I own my primary residence in Maine under my maiden name.

    I assumed (incorrectly) that changing the deed to reflect my married name would be a relatively straight forward process.

    I have gotten conflicting opinions and answers looking online, calling title companies, speaking to the city hall and registry of deeds; they are as follows:

    1. Do a quitclaim deed. It’s something I can do myself or have an attorney do. I’m wondering

    -how difficult these are to do yourself

    -what the risk is if something was done incorrectly (given that the warranty deed is in my maiden name either way).

    2. Have an attorney and title company create a new warranty deed. With this option:

    -has anyone done this and about how much did it cost? is it worth to have the warranty deed over a quitclaim deed if the only thing changing is my legal name?

    I've been in banking for 10 years and know little things like a name not matching could cause delays in processes. I am trying to save money, educate myself and make sure all my finances are in order to be as bank ready as possible for my first real estate investment property. I may use my primary residence to take out a HELOC or refinance.

    I’m not sure if I’m overthinking this or if this is something that will cause headaches later on.

    Any advice is greatly appreciated!

    Sincerely,

    Sarah Msuya

    Congratulations on getting married.

    It's a simple Quit Claim deed change. I'd have a title company do it since you seem unsure about the process. It's inexpensive and makes selling or refinancing a little easier in the future.

  • Rental Property Investor · Portland, ME · Member since 2020 · 23 posts · 9 votes
    6y

    @John Farady thank you for your congratulations and great advice!

  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    6y

    @Sarah Msuya  I have personally done this exact thing successfully for my wife multiple times (multiple houses), albeit in a different state than you.  In my state, it was as simple as filing a grant deed (not a quit claim deed) with my county recorder's office granting the property from Jane Doe (maiden name) to Jane Smith (married name). 

    As for the cost, the grand deed had to be notarized, so there was a small cost for that.  Otherwise, it cost nothing because I filed an affidavit of exemption form along with the grant deed verifying that the property wasn't actually changing ownership, it was merely a "change of name due to marriage", which exempted it from the normal fee.

    It was really quite easy to do.  I imagine the process may vary somewhat state-to-state, but probably not greatly.

  • Rental Property Investor · Portland, ME · Member since 2020 · 23 posts · 9 votes
    6y

    @Kyle J. This is perfect - thank you so much!

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