What transferring a deed means and why you might do it
Transferring a house deed means changing the legal owner's name on the document that proves who owns the property. The deed is the official record kept at your county or parish clerk's office. When you transfer it, you are telling the government that someone else now owns the house — or that you own it jointly with another person, or in a different way than before.
People transfer deeds for many reasons: to add a spouse or partner to the title after marriage, to move property into a trust, to give a house to a family member, to sell to a buyer, or to change how multiple owners hold the title. The process itself is straightforward, but the paperwork must be exact and filed in the right place, or the transfer will not be recorded.
You do not need a lawyer to transfer a deed, though some people hire one to make sure the language is correct and the filing is done right. The cost to file a deed at your county clerk's office is usually between $20 and $100, depending on where you live. Some counties charge based on the property value or the number of pages.
Key Takeaways
- A deed transfer changes the official owner's name on the property record at your county or parish clerk's office.
- You will need a new deed document that names the new owner, signed by the current owner and notarized before filing.
- The exact form and language required varies by state and county, so check your local clerk's office website or call to ask what they need.
- Filing happens at your county clerk, recorder, or register of deeds office — the name varies by location — and costs between $20 and $100 in most places.
- After filing, the new deed becomes the official record, but the transfer does not affect your mortgage, property taxes, or insurance unless you update those separately.
Getting the right deed form for your state and county
Every state has its own deed language and requirements, and some counties add their own rules on top. Before you write anything, contact your county clerk's office — the office that records deeds — and ask what form they require or recommend. Many counties have a template deed form on their website that you can read for free. Some will email you one if you call.
The most common deed types are a general warranty deed (the seller guarantees they own the property free and clear), a quitclaim deed (the owner straightforward transfers whatever interest they have, with no may provide), and a grant deed (common in western states, with limited warranties). For transfers between family members or into a trust, a quitclaim deed is often used because it is simpler and cheaper. For a sale, a general warranty deed or grant deed is standard.
If your county does not provide a form, you can buy one from an online legal document service, a local title company, or a stationery store. The form should include blanks for the grantor (person transferring), the grantee (person receiving), the property description, and the date. Do not fill it out yet — first, make sure you have the exact legal description of the property.
Finding your property's legal description
The deed must include the property's legal description, not just the street address. The legal description is a precise way of identifying the land, usually written as a lot number, block number, and subdivision name, or as a metes-and-bounds description (measurements and directions from a starting point). You can find this on your current deed, your property tax bill, or your title insurance policy.
If you do not have any of those documents, call your county assessor's office or visit their website — they maintain records of every property in the county. You can search by address and print the legal description. Some assessor websites let you read a copy of the current deed for free. If you are unsure whether you have the right description, read it to the county clerk's office over the phone and ask them to confirm it matches their records.
Copy the legal description word-for-word into the deed form. A small error here — a wrong lot number or a missing subdivision name — can make the deed invalid or cause problems when the new owner tries to sell later.
Filling out and signing the deed
Fill in the blanks on the deed form with the current owner's name (the grantor), the new owner's name (the grantee), the legal description, and the date. Some forms ask for the consideration — the amount paid or the reason for the transfer. If you are transferring the property as a gift, you can write "love and affection" or leave it blank, depending on what your state allows. Check your county clerk's website or call to ask what they accept.
The current owner must sign the deed in front of a notary public. A notary is someone authorized by the state to witness signatures and verify that the person signing is who they say they are. You will need to bring a photo ID. Notaries are available at banks, title companies, UPS stores, and some law offices. The notary fee is usually $5 to $15 per signature. The notary will stamp and sign the deed to show they witnessed the signature.
Some states require two witnesses in addition to the notary, or they require the signature to be notarized in a specific way. Check your state's requirements before you have the deed notarized, because if it is done wrong, the county clerk will reject it and you will have to start over.
Filing the deed at your county clerk's office
Once the deed is signed and notarized, take it to your county clerk's office to be recorded. Depending on where you live, this office might be called the clerk's office, the recorder's office, the register of deeds, or the land records office. Search online for "[your county] clerk deed recording" to find the right office and their address or website.
You can file the deed in person, by mail, or sometimes online through your county's website. If you file in person, bring the original signed and notarized deed and be prepared to pay the filing fee. The clerk will stamp it with the date and recording number, give you a copy, and enter it into the county's property records. If you file by mail, include a cover letter with your name and phone number, the property address, and a check for the filing fee. Keep a copy for your records.
Recording usually takes a few days to a few weeks, depending on how busy the clerk's office is. Once it is recorded, the new deed becomes the official public record. You can request a certified copy of the recorded deed from the clerk's office if you need proof of ownership later.
What happens to your mortgage, taxes, and insurance after the transfer
Transferring the deed does not automatically change your mortgage, property tax bill, or homeowner's insurance. These are separate from the deed and must be updated separately.
If you have a mortgage and you transfer the deed to someone else, your lender may have the right to demand that the loan be paid off when ready. This is called the due-on-sale clause, and it is in most mortgages. If you are adding a spouse or moving the property into a trust you control, the lender usually will not enforce this clause, but you should call and ask first. If you are transferring the property to someone else entirely, the lender will likely require the loan to be paid off before the transfer is recorded.
Property taxes are based on ownership, so the county will eventually update your tax bill to reflect the new owner's name. However, this can take several months. The new owner should contact the county assessor's office to make sure the change is made. Homeowner's insurance is tied to the deed holder, so the new owner will need to get their own policy or be added to an existing policy. The old owner should cancel their policy once the deed is transferred to avoid paying for coverage they no longer need.
Common mistakes to avoid when transferring a deed
The most common mistake is using the wrong legal description. Always copy it exactly from your current deed or from the county assessor's records. A second common mistake is not having the deed notarized, or having it notarized incorrectly. Some states require specific language in the notary section, so check before you sign.
Another mistake is not recording the deed at all. A deed that is signed and notarized but never filed with the county clerk is not valid — the transfer does not happen until it is recorded. Keep a copy of the filed deed for your records and request a certified copy from the clerk's office if you need proof later.
Some people also forget to update their mortgage lender, insurance company, and property tax records after the deed is transferred. While the deed transfer itself is complete once it is filed, these other documents need to be updated to avoid confusion or legal problems down the road.
Frequently Asked Questions
Do I need a lawyer to transfer a deed?
No. You can transfer a deed yourself by filling out the form, having it notarized, and filing it at your county clerk's office. A lawyer can help if you are unsure about the language or your state's specific requirements, but it is not required.
Can I transfer a deed if I still owe money on the mortgage?
It depends on your mortgage terms. Most mortgages include a due-on-sale clause that lets the lender demand the loan be paid off if you transfer the property. Call your lender before you transfer the deed to find out whether they will allow it or require the loan to be paid off first.
How long does it take for a deed transfer to be recorded?
Recording usually takes a few days to a few weeks, depending on how busy your county clerk's office is. You can call the clerk's office to ask how long their current backlog is. Once recorded, the new deed becomes the official public record.
What if I made a mistake on the deed after it was filed?
If the mistake is small and does not affect the legal description or the names of the parties, you may be able to file a correction deed. Contact your county clerk's office to ask what they allow. If the mistake is major, you may need to file a new deed to correct it.
Does transferring a deed affect my property taxes?
The county will eventually update your property tax bill to reflect the new owner, but this can take several months. The new owner should contact the county assessor's office to make sure the change is made. In some cases, a transfer can trigger a reassessment of the property's value for tax purposes, depending on your state's laws.