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The process of adding an individual to a title is rather simple. Here is a quickie:
One, you take the original deed that shows how you got title, if there has been no changes to the legal description such as a new survey or any other legal change to the original description then you copy the legal description on a new deed. There are basically three types of deeds Quit Claim, Warranty Deed and Special Warranty Deed, it might be that you might want to use the same type of deed that was used when you acquired the title if the warranties that you will be giving your son are the same as the warranties that you received. The type of ownership being conveyed undivided 50/50 can be Tenancy in Common in where if one of the people on the title dies the other person on the title will not automatically acquire that portion of the title and the interest of the dead person will automatically pass to their estate. The other is Joint Tenancy which if one person dies the other person on the title automatically acquires the dead person's interest. Once the deed is completed you will need to get it signed and notarized and recorded in the county that the property is located in. Then take the deed to the county assessor's office to make sure that the property cards are updated showing the new names. It is important to understand that in the future anything that has to happen with the title and or interest in the property will now require both parties to sign.
If you are intending to create a conveyance to your son for purposes of making sure your son gets the property in the event of your death; many states now have laws allowing for the transfer of property through a "deed upon death" which allows the property owner to deed the property to another prior to death but it's enforceability and controls of the property do not pass to the recipient until the grantor (giver) dies. The grantor continues to own and control, including the right to mortgage, the property while alive and has the right to in the future change their mind and revoke the conveyance or add new people to the title. You do not need a will or nor does this type of conveyance need to be probated. You will need to speak to counsel to see if this type of deed is available in your state and how you can proceed to do what you want to do and premised on the reasons why you want to do it. I hope this simplified explanation helps.

2006-09-14 03:47:56 · answer #1 · answered by newmexicorealestateforms 6 · 0 0

Don't know where you're at, but in the US, yes. When you fill out the papers putting his name on the title, it gets filed by the recorder's office and then all your property tax statements come in both your names. Not the same as just doing it by putting his name in the will, willing it to him.

2006-09-14 03:20:44 · answer #2 · answered by chefgrille 7 · 0 0

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