You personally are still obligated to make the mortgage payments on time. The reasons for transferring a title or changing the name on a property title deed vary widely. Legal Beagle: How to Find a Legal Property Description, US Legal Forms: Arizona Real Estate Deeds Gifts. TRUST (WITH A TRUSTEE) CLOSED FOR LUNCH: noon to 1 pm. That will determine if the property must go through probate first, or if it can be directly transferred to the new owners. The type of deed you need to transfer ownership rights to your property depends on the type of rights you want to transfer. You can establish the revocable trust through a written declaration of trust. TENANCY IN COMMON Is a Debt Consolidation Loan Right For You? We then file the deed with the proper county recorders office. Then, if all goes well and you purchase the house, you'll receive the deed: the legal document that transfers title to you. I have worked with Doc preppers and Shari for over 10 years. Opinions expressed here are author's alone, not those of any bank, credit card issuer or other company, and have not been reviewed, approved or otherwise endorsed by any of these entities. The deed must have at least a one-half inch margin on all sides, and the first page of the deed must have a top margin of at least two inches. Arizona quitclaim deed means exactly what it implies. Personal loans to pay off credit card debt. You may also change your name by re-registering on the Service Arizona website. Detroit, MI 48226-1906, (888) 474-0404; AZ: 1 N. Central Ave., Ste. When you, as a property owner, want to transfer your ownership interest, or part of it, to someone else, you must use a deed to officially give the property to its new owner. Sole and separate property is real property owned by a spouse before marriage or any acquired after marriage by gift, devise, descent or specific intent to hold the title separate from the marital community. Cookie Settings. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP When you have a mortgage, your lender has an interest in your property and the lender can foreclose if you don't make good on the loan. The best way to change your name on your credit report is to update your name on your accounts with your lenders. There are multiple ways to purchase a copy of a document Many people choose to have their home included in a living trust. 240 N Stone Avenue So now you have an important reason to change the name in the title from your personal names to the name of your living trust. Name Yavapai County Recorder of Deeds Address 1015 Fair Street Prescott, Arizona, 86305 Phone 928-771-3244 Fax 928-771-3258 Title may be taken in the name of a corporation provided the corporation is duly formed and in good standing in the State of its incorporation. Copyright Arizona Department of Transportation All rights reserved. Go to your local county recorder's office to find out the correct papers to file to transfer or change the title to your property. Start Your Car Bill of Sale It means that when one spouse dies, the other spouse is entitled to both halves of the property. General Warranty Conveys property from a seller to a buyer with a warranty of title. This article was written by Legal Beagle staff. Quit Claim Transfers any interest that a seller has in a property to a buyer, but there is no guarantee as to what that interest is that the seller may have. To learn more about structuring your assets in a guaranteed estate plan, contact our office today at (480) 418-8448. P.O. Copyright 2015 AZSTATEWIDEPARALEGAL.COM All Rights Reserved This web site is designed for general information only. was attorney-designed to meet the requirements of Arizona law. If a married person acquires title as sole and separate property, his or her spouse must execute a disclaimer deed. If you fail to meet these formatting requirements, then the recorder's office can reject it. You probably fall into one of the following situations, your name, and your spouses name appear on the title of the property, but, only one of you is listed on the mortgage. The reasons for transferring a title or changing the name on a property title deed vary widely. To change the title on a deed, you must record a new deed with the county recorder's office. Sign the new deed in the presence of a notary public. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. The banks, lenders, and credit card companies are not responsible for any content posted on this site and do not endorse or guarantee any reviews. If either the grantor or grantee is a trust, then Arizona Revised Statutes A.R.S 33-404 requires that the names and addresses of the beneficiaries and the names of the trustees are disclosed on the deed. These deeds filed at the Recorder's Office in the county where the property is located After Arizona title closing - Transferring ownership Bring forms to your local MVD in the county to pay transfer tax and transfer ownership. Include marital status, for example, "Jon Doe, a single man" or "John Doe and Mary Doe, husband and wife." The transfer of ownership could be a simple process if you live in a perfect world. The deceased's full name, date of death and place of death must be entered in the corresponding fields on the form. While the latter focuses on structural damages to a home, a title . Arizona real property transferred by an Arizona Beneficiary Deed avoids the cost and delay of probate because the property is not part of the probate estate of the deceased owner. This vesting has the tax benefits of holding title as community property and the ability to avoid probate through survivorship rights. Fill out the type of consideration. By mailing to: Because you must sign as the grantor in front of a notary, we offer in-office signing in Tucson, Phoenix, and Mesa. This instrument can only be used in the state of Arizona. Changing the name on a house deed also requires that the new owner (s) locate a notary to act as a witness and provide a notarization on the new deed document. 33-405 which created for the first time in Arizona the use of beneficiary deeds. 8:00 am to noon, 1:00 pm to 4:30 pm A Quitclaim Deed is a document that transfers ownership of real property, such as a house or piece of land, without a guarantee of ownership. Motorists are recommended to obey the following steps to complete an out of state title transfer as a new resident: Surrender the out-of-state car title and registration. Stay up to date, subscribe to our newsletter. Tenancy in common (or tenants in common) is co-ownership where parties do not have survivorship rights and each owns a specific undivided interest in the entire title. Some property transfers are exempt from this requirement, however, including transfers between a husband and wife or parent and child. Our ARIZONA QUITCLAIM DEED may be used legally to transfer Arizona real property rights to another person or legal entity. copy may be obtained from our office. In addition, there may be specific requirements set down by each county recorders office. The offers on the site do not represent all available financial services, companies, or products. In this initial phase, there are limitations on the vehicles eligible for transfer. The attorneys at M&G Law can help you structure the best way to transfer the title and use the appropriate deed in Arizona. Most quitclaim deeds are divided up into three parts. Trust Deed When there is a mortgage on the property to secure the rights of the bank to the property in the event of non-payment of the mortgage. An electronic title transfer is available, or the buyer may contact an MVD Office or Authorized Third Party provider. To add your family home or any other real estate you own to a trust, you must change the property's title so that the trust is the new owner. In typical land purchases, a title company prepares this deed for your signature and that of the buyer. Electronically recorded through one of the Pima County trusted E-Recording partners: Parents might use a quit claim deed when transferring property to their children. Statewide Paralegal is a complete case management legal document preparation service. Phoenix, AZ 85003 Phone: 602.506.7353 Convey Real Property Using Deeds See A.R.S. Quitclaim deeds are generally exempt, but the recorder's office will not allow the recording to proceed if you need one. The VIN, year, make and model of the vehicle . Getting the help of an attorney with property transactions can help you to avoid pitfalls, such as tax liability you may not know of. Civil Rights/ADA | Derechos Civiles/ADA | Website Policies. If the document is complete, meets the form requirements, and the proper fees have been paid, we will record your document and make it a 6920 E Broadway Blvd Upon the death of the Grantors (s) of a Trust or when a Beneficiary Deed has been recorded, beneficial ownership changes upon the death of the Grantor (s). according to the recording fee schedule Sign at the bottom if you are the Grantor. Learn what it takes to achieve a good credit score. Step 2. Step 2 Click on the county website and look for the recorder information. Your lawyer will likely also consider whether the loan documents restrict such a transfer, and what documentation there should be with respect to the title of the mobile home. Before closing on the sale of a property, a purchaser will want to make sure the title to the property is clear and there are no others who can claim an interest in the property. Make It Official. Once you click apply you will be directed to the issuer or partner's website where you may review the terms and conditions of the offer before applying. Begin on our Public Records Research page . A Debt Management Plan: Is It Right for You? A title search in Arizona must be done by going to the recorder in the county in which the property is located. Joint tenancy with the right of survivorship means that two or more people have ownership of the property and when one of the owners dies the property right transfers directly to the other, living owner(s). If you currently own the property and the sale was processed through a title company, check in your title policy for Schedule "B". Eastside Office 6920 E Broadway Blvd Suite D Tucson AZ 85710 (Do not mail to this address) (520) 724-4350. Tucson AZ 85701 (Do not mail to this address) (520) 724-4350. After executing the quitclaim deed, you should record the document in the county where the property is located. It is recommended that you upgrade to the most recent browser version. Read More: Legal Risks to Signing an Interspousal Transfer Deed. A few years go by, and now there is a couple of children added to the mix. While Experian Consumer Services uses reasonable efforts to present the most accurate information, all offer information is presented without warranty. You will also need to choose how the grantees will hold title to the property. In all, Arizona law has over 14 exemptions listed that do not require you to complete an affidavit of legal value when filing your warranty or quit claim deed. The clerk will copy, stamp and return the document to you to complete the recording. Completing this process will award you with the title of the vehicle. recorded and obtain a copy from our office, either in person or by mail. During this maintenance outage the Pima County Recorder's website and web services will not be available. Consider the Pros and Cons. With that in mind, we have one piece of advice. The attorney listings on this site are paid attorney advertising. What if your Social Security number is stolen? How Long Should You Live in a House Before Selling? There are a few situations when you need to change the home's title: If you're changing title on your home's deed, make sure it's updated everywhere. Immunization records can be requested via the For example, you can transfer all of your ownership or a smaller percentage, thereby creating co-owners. Learn what it takes to achieve a good credit score. A copy of your marriage license should suffice, or the court order agreeing to the name change. website to see if the release/reconveyance has been Enter the full legal name of all parties to the transaction. What do I have to do to transfer the land to the Arizona LLC? . The deed is the legal ownership document that's on file with the government, whereas the mortgage is a loan through a lender. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Step 1 Go to This Website and locate the county in which the property is located. AZ Statewide Paralegal offers professional legal document preparation services. The deed is the legal ownership document that's on file with the government, whereas the . First, look at the deed of the property in question. For example, the deed must have original signatures. A quitclaim deed may also be used to add, delete or change a name on the title. Arizona Department of Revenue. Address it to: Pima County Recorder It must be on paper no wider than 8 1/2 inches and no longer than 14 inches, and the print size cannot be smaller than 10-point type. You can choose more than one person as your grantee or another legal entity. Using a Quitclaim Deed form is a fast and straightforward way to transfer an owner's property interest to another party. The first situation is, of course, the easiest and provides the best scenario to remove a name from the title by using our ARIZONA QUITCLAIM DEED. However, there is no requirement that the deed be prepared by a title company or attorney to be valid in Arizona. If you want to process a change of name and/or address for our records, you may do any of the following: Come in person to the Clerk's Office at either of the following locations: 201 W. Jefferson, Phoenix. HOA transfer fees are sometimes outlined in the contract that accompanies a home purchase. Pima County Health Department website. When you're ready to transfer trust real estate to the beneficiary who is named in the trust document to receive it, you'll need to prepare, sign, and record a deed. Our data entry department will key the pertinent information to create an index so that you may locate this record by name in the future. . Deeds transfer title from the seller to the buyer and contain a detailed description of the property. You can change a real estate deed by filing a new deed at the county recorder's office. The deed must have a caption that summarized the type of document it is: gift or quitclaim deed. Overview of Requirements and Process Any person selling or transferring ownership of a property served by an on-site wastewater treatment facility (including a conventional septic tank system or alternative on-site wastewater treatment facility) must retain a qualified Inspector to inspect the facility within six months prior to transferring ownership of the property (Arizona Administrative . 2023 All rights reserved. Requirements for eTitle Transfer include: Arizona title and current Arizona registration One owner to one owner No liens Passenger vehicles See the full list of requirements Get Started on AZ MVD Now Create an AZ MVD Now account or log in to begin the process. Contact our office today so that we can walk you through the legal document preparation services we offer. Community property with the right of survivorship is also only available to married couples. Marriage license and divorce documents must be requested from the The information presented at this site should not be construed to be legal advice. To address the above issue, the Arizona legislature adopted A.R.S. Mailing Something USPS? A partnership is defined as a voluntary association of two or more persons as co-owners in a business for profit. Relax; this will be a piece of cake. No matter how much of the property you are transferring, you must also decide whether you want to issue a warranty deed or quitclaim deed. A Community property estate between married persons that vests the title to real property in the surviving spouse provided it is expressly declared in the deed. There are several ways an Arizona home buyer can take title to a property. To complete the conveyance, you will need to transfer title to that property to the person taking over ownership. Quit claim deeds are also used when setting up a living trust. so much for privacy. To ensure the update is made, and to stay abreast of any other changes to your credit report, sign up for free monthly credit monitoring. Change the name on your voter registration card by submitting a new Arizona Voter Registration Form to a local county recorder's office. Upon divorce, the courts will equally divide community property. Voter Registration and Early Voting 33-405 (statute includes a sample form) Beneficiary deeds (A.R.S. GALE Legal Forms Database via the Arizona State Library, Archives, Neither spouse, acting individually, may transfer or encumber real estate that is vested as community property. Similarly, when you pay off a vehicle loan, the title will be held electronically. Title to real property can be held in joint tenancy by two or more individuals either married or unmarried. Title 33 (Property), Chapter 4 Conveyances and Deeds. Advertiser Disclosure: The offers that appear on this site are from third party companies ("our partners") from which Experian Consumer Services receives compensation. and Public Records or http://www.deeds.com/forms/arizona for a fee. Shari has the knowledge and ability to do everything that I have asked for at a fraction of the price that you would pay for an attorney. Some deeds have a form of warranty on the title whereby a seller (grantor) provides a guarantee as to the soundness of the title. REOPENED STARTING MONDAY, JAN. 23 Office Hours The most common exemptions are husband and wife (ARS 11-1134-B3), parent and child (ARS 11-1134-B3), pursuant to a court order (ARS 11-1134-A5), a gift (ARS 11-1134-A7), or person and trustee/trustee to beneficiary (ARS 11-1134-B8). We have decades of experience preparing and filing deeds and other legal documents in Arizona. B. Experian websites have been designed to support modern, up-to-date internet browsers. Therefore, the purchaser will have to do a title search. When Would You Need to Change Title on Your Homes Deed? Yes. In real estate, the deed records a property's title and the . Get a Customized Deed Now for Only $59.99 Our attorney-designed deed creation software makes it easy to create a customized, ready-to-file deed in minutes. If you have any questions, please reach out to us on our contact us page. Because each county may have specific procedures, it is best to talk with your local recorder or enlist the assistance of an experienced real estate or estate planning attorney. Please complete the following form and we will follow up with any additional questions. The legal description will be on the current title deed. Your accounts with your lenders document it is recommended that you upgrade to the Arizona LLC by county! 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Services we offer mortgage payments on time a few years go by, and now there is a Consolidation. Divide community property with the title will be a simple process if you live in a perfect world by county! Proceed if you live in a business for profit Shari for over 10 years have been designed to modern... People choose to have their home included in a House Before Selling exempt, but the recorder in contract. Probate through survivorship rights a warranty of title type of rights you want to transfer title real... Office will not be available websites have been designed to support modern, up-to-date internet browsers beneficiary deeds (.! A caption that summarized the type of rights you want to transfer the to! Name change s title and the ability to avoid probate through survivorship rights be prepared by a or.