The Chancery Clerk maintains Mississippi property and deed records in each county. The Chancery Clerk is responsible for recording and preserving actual property records in Mississippi.
Accurate property records (land, buildings, improvements) are public information. As such, the public has access to examine these records. However, the reproduction of these documents by anyone other than the custodian of the record is prohibited.
If you’re wondering how to add a name to a deed in Mississippi, this article is for you!
How to Add a Name to a Deed in Mississippi?
You can add a name to a deed in Mississippi by filling out and filing the Mississippi Quit Claim Deed Form with your county’s chancery clerk (notary). If you execute and notarize the Mississippi quitclaim deed at that moment, that document legally overrides the current deed to your home.
The process is simple, but you’ll need to know how to fill out the forms correctly and the requirements for filing.
You can start the process by going to the reform website and filling out the Mississippi Quit Claim Deed Form.
- It would help if you generated Mississippi Quit Claim Deed Form
- It would help if you visited the Clerk of the Chancery Clerk’s Office and the required filing fee.
- You need to read the code (Document 89-3-7)
- It will help if you read code statute– § 89-5-1
In Mississippi, it’s not difficult to add a name to a deed. It’s relatively simple. The primary reason you would want to add a name to an act is if you are adding another person as an owner of the property. This can be done via deed transfer or quitclaim deed, depending on the circumstances.
If you want to add your spouse as an owner of a property, this can be done by transferring the deed. This means that you own the property, but your spouse now owns it with you. You’ll need to obtain a warranty or quitclaim deed from your county Clerk’s office. Once you have that, fill out the act according to the instructions on the document (you will likely need two witnesses and a notary). Then submit the completed document back to your county clerk for filing.
If you want to take yourself off of ownership of a property and add another person as owner in your place (rather than adding them on), you can use a quitclaim deed instead. A quitclaim deed transfers any right, title, or interest in the property from one party (called the grantor) to another (called the grantee).
The only time you may not be able to add or remove a person’s name from your deed is if there’s an error on your deed—either because someone forged it or because it was incorrectly recorded in the first place. If this is the case, you’ll need to take extra steps before proceeding with your change of ownership.
Adding a name to your deed is not as complicated as it sounds. It’s a straightforward process that can be performed in just a few steps.
Depending on the circumstances, there are different ways to add a name to a deed; depending on adding a spouse or partner to your home deed after purchasing a home, you can use a quitclaim deed. Quitclaim deeds transfer property ownership rights, and in this case, you would be sharing your ownership rights with your spouse or partner.
If the name you’re trying to add is not that of a spouse/partner, it’s best practice to use a warranty deed. Warranty deeds guarantee that the property is owned by the person transferring ownership rights and that there are no other claims against the property (i.e., no other owners).
Once you have your signed quitclaim or warranty deed, it must be filed with your county recorder’s office.
How to add a name to a deed?
However, the basic steps that cover both ways are as follows:
- Check the existing deed. To add a name to your deed, you first need to make sure that the original deed has no restrictions on adding names. The property’s original owner may have added such restrictions when they originally sold the property. If they did, you need to get their permission to add additional names.
- Get in touch with the title company. Next, you will need to contact your local title company and tell them that you want to add another owner to your property’s deed. This is often done by filling out an application form provided by the title company, but make sure you follow any other instructions about this process.
- Follow up with the title company. Once you have submitted the application form or other paperwork required by the title company, follow up with them regularly until they have completed all necessary steps and are ready for you and any co-owners of your property’s new deed paperwork signing ceremony. You should receive notice from them within two weeks if everything goes smoothly; if not, contact them again until they respond.
Or you may follow these simple steps:
- Step 1: Gather the necessary documents.
- Step 2: Fill out the deed form.
- Step 3: Sign and notarize the deed.
- Step 4: Submit the deed for recording.
Adding a family member to the property title
If you are thinking about adding a family member to the property title, it is essential to work with an attorney to ensure that the process is done legally. Adding a new name to your home title does not mean that the new owner has any rights over the property. To do this, you would have to prepare and sign a deed, a legal document that gives ownership rights.
You can add your spouse to your property title if you are married. This is done when the property is purchased so that both spouses are listed on the deed. If a property was purchased before marriage, the person who owns it has to file a quitclaim deed with their county clerk’s office. The quitclaim deed transfers ownership of the property from one person to two people, making it a joint tenancy with the right of survivorship. If you are not married, adding a family member to your property title requires you to transfer the property either through a gift deed or by selling it and having them purchase the property from you.
Adding a Family Member Through Marriage
- Purchase real estate together and list both spouses on the title at closing. The real estate agent will fill out the deed for you and file it with the local recorder’s office after signing it in front of a notary public.
- Complete a quitclaim deed if one spouse purchases real estate before marriage. On this form, the title owner transfers his ownership rights to himself and another person, such as his future wife. Print out the quitclaim deed from your state’s department of revenue website or pick up an official paper copy from your local county clerk’s office.
Conclusion
Deeds are an essential legal document for anyone who owns land or property. Whether you’re buying or selling your own home, it’s always a good idea to know the law involved in this sort of transaction. As you can see, adding a name to a deed is not that complicated, but the results it achieves are significant indeed.
After leaving Wells Fargo Bank in 2014, Daniel began a career as a finance consultant, advising companies and individuals on economic policy, labor relations, and financial management.
At Promtfinance.com, Daniel writes about personal finance topics, value estimation, budgeting strategies, retirement planning, and portfolio diversification.
Read more on Daniel Smith's biography page.
Contact Daniel: daniel@promtfinance.com