To change your name on a deed, you record a new deed transferring the property from yourself under your old name to yourself under your new name. You cannot cross out the old name, and the county will not amend the existing record. Whether the change comes from marriage, divorce, or a court order, the steps are the same: prepare a new deed, sign it before a notary, and file it with the county recorder where the property sits. Most people finish the whole thing in an afternoon for under $150.
Why You Cannot Just Edit the Existing Deed
Every property has a chain of title, the historical sequence of recorded deeds showing who owned it and when. Each recorded deed is a permanent public record. Altering an old one would break that chain and cast doubt on whether ownership actually changed. So instead of editing, you add a new link: a deed from “you” under your former name to “you” under your current name. On paper it looks like a transfer, but no ownership interest actually moves. Anyone later researching the property can follow the thread from Jane Smith to Jane Jones without a gap.
Which Type of Deed to Use
Two deed types are commonly used for a name-change transfer, and the right one depends on your state.
A quitclaim deed transfers whatever interest the grantor holds without promising the title is clean. Since you are transferring to yourself and already know the property’s history, the lack of guarantees does not matter. Quitclaim deeds are widely accepted for name changes and are the default in most jurisdictions.
A grant deed transfers ownership and includes a limited promise that the grantor has not already conveyed the property to someone else. Some states, particularly in the West, use grant deeds as their standard instrument and may prefer or require one even for a self-transfer. Your county recorder can tell you which they expect, and many post blank forms on their websites.
A full warranty deed is unnecessary here. Its extensive guarantees about the entire title history are built for arm’s-length sales between strangers.
What to Gather Before You Start
Pull these items together first:
- Your current recorded deed. It contains the property’s legal description, a precise technical identification of the land that is not the same as your mailing address. Legal descriptions reference lot and block numbers, subdivision names, survey coordinates, or metes and bounds. You must copy this description exactly onto the new deed. A small transcription error can create a title defect or, in the worst case, produce a deed that fails to convey the property.
- Certified proof of your name change. That means an official, certified copy of a marriage certificate, a divorce decree restoring a prior name, or a court order granting a legal name change. A photocopy will not do. The recorder needs to see that an authoritative document supports the link between the old and new names.
- A blank deed form. Check the county recorder’s website for a downloadable form. If none is posted, office supply stores and online legal document providers carry state-specific forms.
If you no longer have your current deed, the county recorder’s office where the property sits can give you a copy for a small fee.
Filling Out the New Deed
On the grantor line, list your old name exactly as it appears on the current deed, followed by a connecting phrase and your new legal name. For example: “Chris Smith, now known as Chris Jones.” That language ties the two names together in the public record and makes the chain of title unmistakable.
The grantee line lists only your new legal name. The full legal description goes in the designated field, copied verbatim from the current deed. Do not paraphrase, abbreviate, or modernize the formatting. If the existing description reads “Lot 7, Block 3, Sunrise Estates, as recorded in Plat Book 12, Page 45,” that is what you write.
The deed will have a field for consideration, meaning the price paid. Since no money is changing hands, enter a nominal amount such as “$10 and other good and valuable consideration.” Stating nominal consideration can also help qualify the deed for an exemption from documentary transfer taxes, which many jurisdictions waive when no actual sale occurs. Some counties require you to note the specific exemption code on the deed itself, so ask the recorder what language they expect.
If You Co-Own the Property
If you own the property with a spouse, partner, or anyone else, the new deed must account for every owner. You cannot record a deed that changes your name alone without also listing the co-owners and preserving the form of co-ownership, whether joint tenancy, tenants in common, or community property.
In practice, the grantor section names all current owners as they appear on the existing deed, with the “now known as” language applied only to the person whose name is changing. The grantee section lists all the owners again with the updated name and the same form of co-ownership. All grantors typically need to sign, even those whose names are not changing, because the deed technically conveys and reconveys the whole property.
If a co-owner is uncooperative or unavailable, talk to a real estate attorney before recording anything. A deed signed by only one joint owner when the property is held in joint tenancy or community property can create serious title problems.
Signing, Notarization, and Witnesses
Sign the completed deed in the presence of a notary public. The notary confirms your identity, watches you sign, and applies an official seal. That process, called an acknowledgment, is what gives the deed legal force for recording. Almost every jurisdiction requires notarization before a deed can be recorded.
A handful of states also require one or two witnesses to sign along with the notary. Florida, Georgia, Louisiana, South Carolina, and Connecticut are among them. If you are unsure whether your state has a witness requirement, the county recorder will tell you. Getting this wrong means the recorder rejects the document and you have to sign it again.
Bring valid government-issued photo identification to the notary appointment. If your current ID already shows your new name, also bring the certified name-change document so the notary can verify the connection to the old name on the deed.
Recording the Deed
After signing, file the original notarized deed with the county recorder, register of deeds, or county clerk in the county where the property sits. Until a deed is recorded, it has no effect against third parties who might claim an interest in the property.
Recording fees vary but generally run $10 to $50 per page. A typical name-change deed is one or two pages, so expect somewhere between $15 and $100 total. Some counties charge a flat fee. Call ahead or check the website for the exact amount, since most offices require payment by check or money order rather than cash or card.
Many jurisdictions also charge a documentary transfer tax, but name-change transfers with no actual sale are commonly exempt. You may need to write the exemption reason on the face of the deed or attach a separate form. In California, for instance, a Preliminary Change of Ownership Report must be filed alongside the deed to update property tax records. A few other states have their own supplemental forms. Ask the recorder what else they need.
Once recorded, the office assigns a recording number and mails the original back to you. Keep it with your other property documents.
If You Have a Mortgage
A name-change deed on a mortgaged property tends to make homeowners nervous about the due-on-sale clause in their loan agreement. That clause lets the lender demand full repayment if the property is transferred. A name change where you remain the sole borrower and owner is not the kind of transfer lenders care about. No ownership interest is actually moving, and the borrower on the loan is the same person before and after.
Federal law adds protection for residential properties. The Garn-St. Germain Act prohibits lenders from accelerating a loan for several categories of transfers that do not change beneficial ownership, including transfers resulting from divorce and transfers into a trust where the borrower remains a beneficiary.1Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions A name-change deed, where the same person remains both borrower and owner, falls comfortably within the spirit of these protections.
Still, notify your mortgage servicer after recording. Send a copy of the new deed along with your certified name-change document. The servicer updates its records, which keeps your monthly statements, escrow accounts, and year-end tax documents aligned with your new legal name. Failing to notify the lender will not trigger a default, but mismatched names can cause headaches during a future refinance or sale.
If the Property Is Held in a Trust
If your property is held in a revocable living trust, the process has an extra step. The deed shows the trustee, not you personally, and the trust document itself typically carries your name. Both need to be updated.
First, amend or restate the trust to reflect your new name. Then record a new deed transferring the property from the trustee of the old-named trust to the trustee of the updated trust. For example, “Chris Smith, Trustee of the Chris Smith Revocable Trust” would deed the property to “Chris Jones, Trustee of the Chris Jones Revocable Trust.” A trust that is not updated is still valid under the former name, but cleaning up the paperwork now avoids confusion for your successor trustee or beneficiaries later.
Other Updates to Make After Recording
Recording the deed is the main event, but your name appears in other places tied to the property:
- Property tax records. Contact the county assessor to update the ownership name on your tax account. In most places the assessor picks up the change from the recorded deed, but do not assume it happens automatically. A mismatch could delay tax bills or create confusion about homestead exemptions and other benefits.
- Homeowner’s insurance. Call your insurer and update the named insured on the policy. Coverage disputes sometimes turn on whether the policyholder’s name matches public records.
- Title insurance. Send a copy of the recorded deed to your title insurance company for their file. You do not necessarily need a new policy, but you want the deed on record with them.
- Mortgage servicer. Provide a copy of the deed and your certified name-change document so they can update your loan records.
- HOA and utility accounts. Update these too. They are minor, but mismatched names cause billing confusion.
What Happens If You Do Not Update the Deed
There is no legal deadline forcing you to record a new deed after a name change, and nothing bad happens immediately. The property is still yours. But the longer the mismatch sits, the more problems it can create.
Selling gets harder when the name on the deed does not match your current legal name. A title company preparing for closing will flag the discrepancy, and you will need to resolve it before the sale can go through. That often means recording a name-change deed under time pressure, sometimes delaying the closing. Refinancing runs into the same issue.
Title insurance companies may raise concerns as well. If the insured name on your owner’s policy does not match the name on the current deed, questions can arise about whether coverage still applies. Most standard policies extend coverage to successors who received the property without paying valuable consideration, but the specifics depend on your policy language. Recording the name-change deed and sending a copy to the title company removes any ambiguity.
Inheritance can also get complicated. If you die with a deed in a former name, your heirs or executor will need to establish the connection between your legal name at death and the name on the deed. It is solvable but adds paperwork, cost, and time to an already difficult process.
Most people handle a name-change deed without an attorney. If your property is jointly owned with an uncooperative co-owner, held in a trust, or tied up in a legal dispute, a few hundred dollars for a real estate attorney is money well spent. Fixing a defective deed later always costs more than getting it right the first time.