Many congratulations on your union! As you start this new chapter, you might need to change your name on a number of legal papers, such as your home title after marriage. To make sure your property records appropriately reflect your new status, changing your name on your home title after marriage is a crucial step. We chatted with Zachary Schorr, a leading real estate lawyer in Los Angeles, to assist make this process easier for you.
He describes why being proactive about a title name change for your home can help you steer clear of homeowner problems. Some trust or mortgage firms contain a “due on sale” condition; however, they won’t really care if it’s still in effect. If you have a mortgage, let them know before you complete the transfer.
1. How to modify your name on a title to a home
With professional guidance from Silicon Valley real estate lawyers David Roberson and Schorr, we’ve put together this helpful checklist of easy-to-follow measures to make sure the home title after-marriage change process for your home goes as easily as possible.
Generally, there won’t be any issues when it’s just transferring title from one name to another—the same person—especially since there isn’t a financial exchange and ownership isn’t actually changed,” adds Roberson. The government is where the first step starts.
2. Modify your Name on File With Social Security
The first step in amending your name and home title after marriage is to make a change to your Social Security card name. This is due to the fact that your Social Security record is used by numerous other legal procedures to confirm your identification. To begin this process, go to ssa.gov, the website of the Social Security Administration, and click on this link to get a replacement Social Security card with your new name on it.
Yes, changing your name is part of the process of getting a replacement card. Your new card will be mailed to you, and this service is free of cost. For additional resources and information in-depth,
3. Review The Title To Your Home
Review the present title to determine your ownership status before adding your name to the title of your home. The procedure might be easier if you are the only owner. But you’ll need to think about how this shift impacts both of you if, for example, you and your spouse share ownership. Comparing joint ownership with rights of survivorship to tenants in common, more procedures could be needed.
Schorr advises going one step further in this regard: It’s a really excellent idea to check with your title firm beforehand. They might even offer to fill out the form or provide you with an example. Or you might just say, “Hey, I got married,” over the phone. What are you in need of from me?
4. Get In Touch With The County Recorder’s Office
It’s time to formally amend your name on the title of your home after evaluating it. You may accomplish this by delivering a quitclaim or a grant deed to the county recorder’s office. “An explanation of who owns an interest in a piece of land can be found in a deed, according to Roberson.
It could include one person or five, although usually it involves one or two. It is essentially a document outlining the rightful owner of a certain parcel of land.
5. A Grant Deed is Typically Required for a Regular name Change, According to Schorr
He says You can execute a grant deed in which you essentially transfer the property from yourself to yourself, i.e., from your previous name to the new name.” In other words, all you would have to do is sign a grant deed and transfer ownership from James Smith to Jane White, or whoever the new name may be. You would then get that notarized.
A grant deed is used in a conventional house sale to transfer ownership of the property with warranties, which means the seller ensures they are the only ones with the legal right to transfer the title and that the property is free from claims.
Read on: Parker Schnabel’s House Luxury Living of a Gold Miner
The grantor’s ownership interest in the property is transferred by a quitclaim deed, which comes with no guarantees. Families sometimes utilize quitclaim deeds to resolve title disputes or amongst relatives. The optimal course of action is contingent upon your particular circumstances, therefore you may wish to seek legal advice before making a decision.
6. Contact Your Home Insurance Company
You must notify your home’s insurance provider of your name change, just as you would have your mortgage lender. This guarantees the accuracy of your insurance and the seamless processing of any upcoming claims.
To learn the next procedures, which usually entail providing a copy of your marriage license and your new identification, get in touch with your insurance provider or agent.
7. Change your name with the county assessor of taxes
To guarantee that your property tax records are correct, it’s crucial to update your name with the county tax assessor. By ensuring that tax bills and other correspondence from the tax assessor’s office are issued to the correct name, this update helps to prevent any delays or complexities.
The form that you fill out and submit to the county assessor’s office in every state has an impact on property taxes, according to Schorr. While reassessments occur in different states, in California, if a property’s title is changed without providing the county with an explanation, they consider the change to be a sale and evaluate the property taxes. This implies that your property taxes will increase, possibly significantly in California.
According to Schorr, there are some circumstances in which this revaluation is not necessary, and changing one’s name should be one of them. “The current value will not be used to force you to pay. Therefore, it’s crucial to note that you don’t change the name and then find yourself facing a twice-as-high tax payment.
To find out the necessary paperwork and procedure for changing your name in their records, go to the website of your local tax assessor’s office or get in touch with them personally.
Other factors to consider when changing your title name
When two people are involved
According to Roberson, It’s a very simple thing if it’s just this simple process of one person changing their name.” The hard aspect comes when someone marries and decides whether or not to incorporate their new spouse as co-owner of the title.
According to Schorr, the married couple’s decision regarding how they choose to acquire a title will determine how it is applied. People will occasionally attempt to safeguard their distinct property interests. He presents a hypothetical case of an unmarried person purchasing a home and subsequently wishing to add their spouse to the title.
So, there would be a chance to distinguish between the levels of interest they are receiving. Alternatively, you might just be contributing half if you’re marrying late in life. As long as you were a joint tenant and you passed away before the other person, they would be entitled to the entire ownership.
However, if you get married again, you could choose to take out a title as a tenant in common, which means that your interest will pass through your will or trust instead of to the other person in the event of your death. That means that choosing how to hold the title would likely require more consideration if you had a blended family.
Tax Reevaluations
Schorr warns, “The big thing is just taxes. Changing the name is one thing, but at what cost? Thus, the most crucial thing that I would watch out for would be to make sure the property doesn’t get reassessed.
Life Planning
Certain individuals use joint tenancies with the right of survivorship as a means of estate planning. I would, however, be extremely careful to ensure that I understand the tax implications and that I don’t trigger [an IRS adjustment] because that could mean money out of pocket if I were changing the name on a title simply to update it and make it accurately reflect everything, says Schorr, who also notes that it’s always a good idea to speak with a tax expert before changing your name.
More Advice on Name Changes
It takes more than just updating your ID and home title when you change your name after marriage. To guarantee a smooth transfer, consider the following extra advice:
Examine other legal documents: Wills, trusts, and powers of attorney are just a few examples of crucial legal documents where it’s critical to have your name updated.
Refresh your accounts with your lenders: Remember to update your name on any account you have with other lenders. This covers all bank accounts, credit cards, and auto loans.
Safekeeping of vital documents: Your Social Security card, new deed, and other critical papers should be kept in a safe place that is fireproof.
In the event of a divorce: You may want to take on a new name or go back to your maiden name. If you manage to keep ownership of any jointly owned property, you will need to go through a similar procedure to update your name on all personal and legal documents, including the title to your home.
When a spouse or joint tenant passes away, the property they jointly own or another individual with survivorship rights automatically passes to you, and you might not even need to alter the title or deed. But, in order to make sure that all required legal actions are performed, you need to speak with an attorney.
When a spouse or joint tenant passes away, the property they jointly own or another individual with survivorship rights automatically passes to you, and you might not even need to alter the title or deed. But, in order to make sure that all required legal actions are performed, you need speak with an attorney.
In the event that you home title after marriage: You might need to change the title and other property records to reflect your new ownership. It is recommended to obtain legal counsel in order to manage this process successfully, as it may differ based on local regulations and the particulars of the inheritance.
In Conclusion
Even though there are a number of processes and possible expenses involved in changing your name on a home title after marriage, it’s a manageable undertaking with careful planning and attention to detail. After completing these processes, Schorr summarizes them as follows:
After that, the majority of the content will update automatically. The last recording will specify that the tax bill will be sent by the county to the person listed on the title. Returning to the title policy and ensuring that the insurance policy is updated is crucial. Next, make sure your homeowner’s insurance policies are updated if you have any, as the majority of individuals do.
Do not forget that this is a method to synchronize your financial and legal records with your new life path, not just some tedious administrative task. You can then concentrate entirely on enjoying your married life once you’ve updated everything, so just take things one step at a time.
See also: The Best Floor And Decor Return Policies For Your Home
