How to Change Your Name on a House Title After Marriage

Marriage is an exciting step in life that is just as big (if not bigger) than buying a home and comes with a lot of paperwork. Anyone who changes their name will need to take steps to alert various government and financial entities – including those managing your property documents.

The process to update your house deed, title, and mortgage varies by state, but there are similarities between regions. This guide will cover how to change your name on a house title after marriage to prove that you are the same homeowner. It will also address why submitting legal documents related to the name change is so important. 

Do You Need to Change Your Name on the House Title?

Changing the name on a house is not mandatory. In most cases, you can continue living in your house with your maiden name (or your name before marriage) on various documents. However, it may be harder to sell your property or manage the finances of it once your name is different from the original paperwork. 

For example, if you need to prove you are the owner of the property, you will present a copy of your driver’s license or passport. If these documents are different from the names on the mortgage, deed, or title, there could be confusion as to whether or not you are the property owner. You might have to take extra steps, like presenting your marriage certificate, to prove that you own the house. 

Updating your property deed and other housing documents can also ensure accuracy in public records. Every document related to you will have the same name. 

Changing your house deed and title to reflect your new name requires multiple steps, but the short-term stress of this project will be worth it in the long run. You can prevent unnecessary barriers to moving or refinancing in the future.

Steps to Change the Name on Your House Title After Marriage

Here are a few steps to change the name on your house deed and title after marriage. While the steps may vary by region, this is a common overview of what most people will do. If you need help at any point, consult a real estate attorney who can guide you to your goals.

Step One: Obtain a Certified Copy of Your Marriage Certificate

Most governing bodies will accept a marriage certificate as proof of your name change. You can access certified copies of this document from the county or state where your marriage took place. 

Throughout this legal process, various offices and title companies will not take the original marriage document, but they may want to make copies for their records. You can also scan this document and save a digital copy to send out easily – just like your passport. 

Like your birth certificate and social security card, your marriage certificate is a document you want to store safely and have access to throughout your life. It is an important indicator of who you are and your connection to your spouse.

Step Two: Update Your Name on Legal Identification

Before you contact the title company and start working to transfer ownership of your property deed, you need to change your name on government-issued IDs. This means updating your driver’s license, Social Security card, and any other legal document that proves who you are. 

Most counties require updated identification before processing title changes. They want to know that you actually moved forward with the name change process and are serious about changing your identification. If the title company changes your name over, but you don’t update your driver’s license, you will not be able to prove that you are the homeowner.

Step Three: Review Your Ownership and Consider Becoming Joint Tenants

Evaluate the current house deed and see how the property ownership is currently allocated. For example, if you bought the house on your own before meeting your spouse, you might be the sole owner. If you and your spouse bought the house together, you might have joint tenancy. Now is a good time to evaluate whether you want to make any changes to who owns the house. 

Consider whether both parties should be added to the property deed to reflect joint ownership. The main benefit of joint tenancy is the right of survivorship. If one owner of the property dies, it automatically transfers to the other owner. This means the house won’t have to go through probate and the surviving spouse can continue living in the home. 

Updating the deed is different from updating the mortgage. One spouse can continue to make payments on the mortgage even if both parties have joint tenancy. Adjusting the name on a house to include your spouse could protect them if something happens to you. 

Step Four: Complete a Quitclaim Deed or Warranty Deed

You will most likely file a quitclaim deed to transfer ownership of the property to your new name. Quitclaim deeds are often used when a house isn’t actually sold, but rather passed from a parent to a child or transferred to a spouse. A quitclaim deed can be used to change the name on a house because you are transferring the property from your former name to your new one. 

In some regions, you may need to use a warranty deed to transfer ownership. This assures all parties that the seller has a clear claim to the property without any outstanding liens. Because you aren’t selling the house, the warranty deed simply states that you are authorized to make this transfer to your new name.  

Regardless of whether you have a warranty or quitclaim deed, the document should include a legal description of the property, the original owner’s name as it appears on the title, and the updated name after marriage. This provides clear proof that you are the owner with your new married name.

Step Five: Notarize the Updated Deed

A notary public must witness and sign the updated house deed to make it official. Some states require additional witnesses to complete this process. Your real estate attorney can tell you the requirements to notarize the deed and help you through each step. You can also reach out to your local county recorder’s office to see what needs to be done.

Notarizing the deed and title ensures these are legal documents that can hold up in court, proving you are the owner.

Step Six: File the New Deed with the County Recorder’s Office

Once everything has been signed and notarized, you can submit the house deed to the county recorder’s office. The fees to file will vary by state and county but typically range from $50 to $200.

Paying this fee will ensure your deed is updated within the county recorder’s office along with the local tax assessor’s office. You will have updated property tax records, which will make it easier to pay this bill each year. 

If you there are any additional steps to change the name on your house, the local record office should provide instructions. However, in most cases, after you submit the new deed, the ownership status is documented and accepted.

How Much Does It Cost to Change a Name on a House Title?

One thing you will immediately notice when you start changing your name after marriage is that each document update comes with processing fees. You will have to pay to update the house deed, even if you don’t work with a legal professional. Here are a few costs you can expect to pay: 

• Recording fees: These are county filing costs and can range from $50 to $200. These are usually unavoidable. 
• Notary fees: These can range from $10 to $50. You might be able to find an affordable notary in your area by visiting your local library or community service center.  
• Attorney fees: If legal help is needed, you can expect to pay between $200 and $500 for this process. You might pay more if your attorney is also working with your title company to update their records. 

The good news is that changing your deed is a one-time cost. You won’t have to go through this process again unless you separate from your partner. Furthermore, the amount of stress it can save when it’s time to sell your home or refinance your mortgage will be worth it.

Key Considerations When Changing a House Title Name

Before you take steps to transfer property ownership under your new name, consider how this process could affect other parts of the real estate process. Updating the title and the deed is only the first step. Here are other elements to think about. 

• Mortgage considerations: Name changes on the title do not affect mortgage obligations. Borrowers must contact their mortgage lender separately if they want to update loan documents to match the name of the current owner. Contacting your lender can prevent confusion if they discover the name on the loan is different from the person on the deed. Your lender will know that the change came when you were married. 
• Title insurance policy updates: Some policies may require notification of name changes. You can contact your title insurance company directly to alert them of the updated name. They also might have a filing fee to complete this update. 
• Homeowners insurance: You should also contact your homeowner’s insurance provider to let them know of the name change. They may reissue your policy with your new name listed as the owner. 
• State-specific requirements: Some states have additional paperwork or specific forms. This is why it helps to seek legal advice when you want to change the name on a house title or deed. 

While you are going through this process, contact your utility providers and let them know about the change. Updating the name for your electric, gas, water, and internet companies will prevent any confusion in the future. Furthermore, your entire home operations can be under your new name.

Should You Add Your Spouse’s Name to the Title at the Same Time?

If the spouse’s name is not already on the title, homeowners may consider adding them during the name change process. This will make you joint tenants who own the property equally. If the original property owner dies, then the spouse will take over the house. This makes estate planning easier. 

This step requires legal documentation that proves you are married and may impact your ownership structure. Instead of being a sole owner, there are joint owners responsible for the property. 

This also means that both owners need to agree to sell the property when the time comes. If something happens in your marriage and you separate from your spouse, both people need to be on board with selling and moving out of the property.

However, becoming joint tenants while you change your name could be the fastest way for you to own property together. There’s no real benefit to completing these processes separately.

Get the Help You Need to Update Your House Deed

Changing the name on a house title and deed is a straightforward legal process but requires proper documentation. If you are an organized individual who feels comfortable navigating government offices, you might be able to complete this process without working with a legal professional. However, if you want a support system to guide you from one step to the next, consider meeting with a real estate attorney. 

Always obtain a certified marriage certificate, update your legal identification first, and then take steps to file the correct deed with the county. You can also take steps to update your mortgage lender or establish joint tenancy in the event that you pass away. 

Along with talking to a lawyer, you can also ask a real estate agent for help. They can provide insight into establishing community property with your spouse. Turn to FastExpert to find a real estate agent near you. They will be happy to answer any questions you have.