How to Change Your Name on a House Title After Marriage
- Published on
- 14 min read
- Richard Haddad Executive EditorCloseRichard Haddad Executive Editor
Richard Haddad is the executive editor of HomeLight.com. He works with an experienced content team that oversees the company’s blog featuring in-depth articles about the home buying and selling process, homeownership news, home care and design tips, and related real estate trends. Previously, he served as an editor and content producer for World Company, Gannett, and Western News & Info, where he also served as news director and director of internet operations.
Congratulations on your marriage! As you embark on this new chapter, you may find yourself needing to update your name on various legal documents, including your house title. Changing your name on your house title after marriage is an important step in ensuring your property records accurately reflect your new status.
To help simplify this process for you, we spoke to Zachary Schorr, one of the top real estate attorneys in Los Angeles. He explains why handling a house title name change promptly can help you avoid homeowner hiccups.
“If you have a mortgage, inform them before you do the transfer because most of the trust or mortgage companies have a ‘due on sale’ clause, but they’re not really going to care if it’s still you. But if you go from Jane Smith to Jane Washington, they may not know it’s the same person, and they then actually would have the ability to call the loan, maybe call it due,” Schorr says.
Steps to change your name on a house title
With expert advice from Schorr and David Roberson, a top real estate attorney from Silicon Valley, we’ve created this handy guide of straightforward steps that will help ensure your house title name change process goes as smoothly as possible.
“Usually, when it’s just transferring title from one name to another — the same person — there’s not going to be any problems that you would run into, especially since there’s no monetary change and we’re not really changing ownership,” Roberson says.
The first step begins with the government.
1. Update your name with the Social Security Administration
Changing your name on your Social Security card is your starting point for updating your name after marriage. This is because many other legal processes rely on your Social Security record to verify your identity. Start this change by visiting this link on the Social Security Administration’s website, ssa.gov, to request a replacement Social Security card reflecting your new name.
Yes, the replacement card process is also the name change process. This service is provided free of charge, and your new card will be mailed to you. For more detailed information and resources, check out usa.gov.
Choose your new name carefully: Consider if you want your names hyphenated or in another format. It’s crucial to be sure of the name’s spelling and format as it will appear on your Social Security card and other legal documents.
2. Apply for a new driver’s license or ID card
Once your Social Security card reflects your new name, the next step is to update your state driver’s license or identification card. This is important because your driver’s license or state ID is often used as a primary form of identification.
You’ll likely need to visit your local Department of Motor Vehicles (DMV) in person and bring your updated Social Security card, your current driver’s license or ID, and a copy of your marriage certificate as proof of your name change. Each state has its own process and requirements, so check your state’s DMV website for specific instructions and any additional documents you may need.
3. Examine your house title
Before you update your name on your house title, it’s wise to review the current title to understand your ownership status. If you are the sole owner, the process may be more straightforward. However, if there is joint ownership, for example, with your spouse, you’ll need to consider how this change affects both parties. Joint ownership with rights of survivorship may require additional steps compared to owning as tenants in common.
Schorr suggests taking this a step further: “A really good idea is to run by your title company ahead of time. They may even be willing to fill out the form for you or to give you an example. Or you can call and say, ‘Hey, I got married. What do you need from me?’”
4. Contact your county recorder’s office
After reviewing your house title, the next step is to officially update your name on the title. This can be done by submitting either a grant deed or a quitclaim deed to your county recorder’s office.
“A deed is a document that explains who owns the interest in the property,” Roberson explains. “So it could be one person, it could be five people, but typically it’s gonna be one person or a couple. It’s literally a document that describes who owns a certain piece of property.”
Schorr says most title companies want a grant deed for a standard name change.
“You can do a grant deed where you basically convey the property from yourself to yourself, meaning from your former name to the new name,” he explains. “So, you would just execute a grant deed and convey it from James Smith to Jane White or whatever the name is going to be. And then you would have that notarized.”
In a traditional home sale, a grant deed is used to transfer property ownership with warranties, meaning the seller guarantees they have the right to transfer the title and that no one else lays claim to the property.
On the other hand, a quitclaim deed transfers any ownership interest the grantor has in the property without any guarantee. Quitclaim deeds are commonly used between family members or to clear up title issues. The best option depends on your specific situation, and you might want to consult a legal professional to decide.
Title vs. deed: A title represents legal ownership of a property and gives the holder the right to use the property. It’s not a physical document but a concept that establishes the owner’s rights. A deed is a physical legal document that transfers ownership of the property from one party to another.
5. Notify your mortgage lender
Now it’s time to inform your mortgage lender of your name change to ensure all documents and records reflect the update. This step is important because it helps maintain the accuracy of your mortgage agreement and any related legal documents. Contact your lender and inquire about the process; you will likely need to provide a copy of your marriage certificate and the updated Social Security card.
Ask about lender partners: Ask your lender if a name change notification is also required for your title insurance provider or, if applicable, a private mortgage insurance (PMI) carrier. “You want to make sure that you don’t [inadvertantly] cancel out your title insurance policy because when you buy a home you have title insurance,” Schorr says.
6. Update your homeowners insurance provider
Similar to updating your mortgage lender, you also need to inform your homeowners’ insurance provider about your name change. This ensures that your policy is up to date and that any future claims are processed smoothly. Contact your insurance agent or company to find out the necessary steps, which typically involve submitting a copy of your marriage certificate and your new ID.
7. Update your name with the county tax assessor
Finally, it’s important to update your name with the county tax assessor to ensure your property tax records are accurate. This update helps ensure that tax bills and any communications from the tax assessor’s office are sent to the correct name, avoiding potential delays or complications.
“In every state, there’s a form you fill out that you file with the county assessor’s office, which affects the property taxes,” Schorr says. “Every state’s different on when they reassess properties, but in California, if you change title to a property and don’t tell the county the reasoning why, they think it’s a sale, and they reassess the property taxes. That means your property taxes escalate, and in California, that could be a huge escalation.”
Schorr says there are exceptions to when that reassessment occurs, and one should be a simple name change. “They’re not going to make you pay based on the current value. So that’s like a very important thing to flag so that you don’t want to change the name and suddenly, you have a twice as expensive tax bill.”
Visit your local tax assessor’s office website or contact them directly to learn about the required documentation and process for updating your name in their records.
Other title name change considerations
When couples are involved
“If it’s just this simple process of one person changing their name, then it’s a very simple thing,” Roberson says. “Now, where it can get complicated is when someone is getting married and whether or not they want to include their new partner on ownership of the title.”
Schorr agrees and says it depends on what the agreement is between the married couple on how they want to take the title. “Sometimes, people are trying to protect their separate interests in the property.” He offers an example scenario of someone who was not married and bought a house, and then they want to add their spouse to the title.
“Then that would be an opportunity to differentiate how much interest they’re getting. Or if you’re getting married late in life, maybe you would only be giving half. If you took title as a joint tenant and you died before the other person, then they would get the whole. But in a second marriage, you may want to take the title as a tenant in common, and that means if you die, the other person doesn’t automatically get your interest, that interest goes according to whatever will or trust you may have. So that’s like if you had a blended family it’s probably more thought that goes into how you’re going to hold the title.”
Tax reassessments
“The big thing is just taxes,” Schorr cautions. “It’s one thing to have the name updated, but at what expense? So I would pay really close attention to making sure the property doesn’t get reassessed, and that becomes the most important thing.”
Estate planning
“Some people do estate planning through these things by joint tenancies with right of survivorship. However, if I were changing the name on a title just to update it and make it accurately reflect everything, then I would just be very focused on making sure I understand the tax implications and that I don’t trigger [an IRS adjustment] because that could mean money out of pocket” Schorr says, adding that it’s always a good idea to consult a tax professional when making a name change.
Additional name change tips
Changing your name after marriage involves updating more than just your house title and IDs. Here are some additional tips to ensure a seamless transition:
- Review other legal documents: It’s important to also update your name on other significant legal documents such as your will, trust, or power of attorney.
- Update accounts with your lenders: Don’t forget to change your name on all accounts with your other lenders. This includes credit cards, auto loans, and any other financial accounts.
- Secure storage for important documents: Store your new deed, Social Security card, and other important documents in a secure, fireproof location.
- If you get divorced: In the event of a divorce, you may decide to revert to your maiden name or choose another name. This will require a similar process of updating your name on all legal and personal documents, including the house title, if you retain ownership of any jointly owned property.
- If your spouse or joint tenant dies: If you own property with your spouse or another person with rights of survivorship, the property automatically transfers to you upon their death, and you may not need to update the title or deed. However, you should consult with a legal professional to ensure all necessary legal steps are taken.
- If you inherit a home: Inheriting a home may require you to update the title and other property records to reflect your ownership. This process can vary depending on local laws and the specifics of the inheritance, so it’s advisable to seek legal advice to navigate this process effectively.
What about your credit report? When you update your name on all your lender accounts, this will also eventually update your name on your credit report, although it may take a few months.
Does it cost money to change a name on a house deed?
Changing your name on a house deed does often involve some costs. These expenses can vary depending on your location and the complexity of the deed change. For example, you might need to pay a filing fee to the county recorder’s office when you submit a grant deed or quitclaim deed. Additionally, if you decide to consult a legal professional to ensure the process is completed correctly, their services will also incur charges.
While the fees for filing a deed change are generally not exorbitant, often between $50 and $200, they are an important factor to plan for as part of the name change process on your house title. It’s advisable to contact your local county recorder’s office for the specific fees associated with deed changes in your area.
Bottom line: Changing your name on a house title
While the process of changing your name on a house deed involves several steps and potentially some costs, it’s a manageable task with proper planning and attention to detail.
Once you have completed these steps, Schorr sums it up this way:
“Most of the stuff will then just update automatically. The county is going to send the tax bill to whoever’s on the title, and the last recording will indicate that. The big thing is going back to the title policy and making sure that the insurance policy gets updated. And then if you have homeowners insurance policies — and most people do — be certain they get updated.”
Remember, this is more than just administrative work; it’s a way to align your legal and financial documents with your new journey in life. So take it one step at a time, and soon you’ll have everything updated and can focus fully on enjoying your married life.
Header Image Source: (iriana88w/DepositPhotos)