Changing the name on a home title is a common legal step in Connecticut, especially after major life events like marriage, divorce, inheritance, or gifting property to a family member. Whether you're adding or removing someone from the title, the process must be handled properly to avoid future issues with ownership or financing.
Before we get into the steps, it’s worth clarifying that a title isn’t the same thing as a deed—a common point of confusion. For a quick breakdown, check out our post: What’s the Difference Between a Title and a Deed?
Here’s what you should know about updating a Connecticut home title.
Adding Someone to a Connecticut Home Title
Adding someone to your deed is a relatively simple process, but there are a few legal and financial details to keep in mind. We strongly recommend working with an experienced real estate attorney throughout the process, but here is an overview of the typical steps:
1. Determine the Form of Co-Ownership
When adding a new person to your title, you’ll need to decide how ownership will be held. Common forms include:
- Joint tenants with rights of survivorship – If one owner dies, the other automatically inherits their share.
- Tenants in common – Each owner has a separate interest that can be passed down through a will.
The best option depends on your relationship with the co-owner and your long-term plans for the property.
2. Draft and Record a New Deed
You will need a new deed that reflects the updated ownership. This is typically either a quitclaim deed or a warranty deed, depending on the circumstances.
- A quitclaim deed transfers whatever interest the grantor (the person giving up their share) has in the property, without any guarantees about title. It’s commonly used between family members or in non-sale transfers, such as adding a spouse or gifting to a child.
- A warranty deed includes a legal guarantee that the title is clear and the grantor has the right to transfer it. This type of deed offers more protection to the new owner and is often used in traditional real estate sales.
Regardless of the type, the deed must be properly signed, notarized, and recorded with the Town Clerk in the town where the property is located.
3. Update Your Homeowners Insurance and Property Tax Records
After the deed is recorded, contact your homeowners insurance provider and the local tax assessor. Updating these records ensures the new owner is properly covered under the policy and that property tax bills reflect the correct ownership.
4. Understand the Legal and Tax Implications
Adding someone to a title may be considered a gift under IRS rules, which can trigger gift tax reporting. It may also expose the property to the new owner’s creditors or legal obligations. Be sure to talk with your attorney or tax advisor about any risks specific to your situation.
Removing Someone from a Connecticut Home Title
Title changes are also necessary when removing a co-owner—whether due to divorce, a death, or a change in financial or estate planning arrangements.
1. Use the Appropriate Deed to Transfer Ownership
To remove someone from a title, a new deed must be recorded that reflects the updated ownership structure.
- If the person is alive, they will typically need to sign a quitclaim or warranty deed to transfer their share. The right type of deed depends on the nature of the transfer and whether existing title insurance coverage should be preserved.
- If the person is deceased, the next steps depend on how the property was owned:
- If held jointly with rights of survivorship, ownership may pass automatically to the surviving owner, but documentation from the probate court still needs to be recorded.
- If the property must go through probate, the transfer is typically completed with a fiduciary deed executed by the executor or administrator of the estate, or by a probate form, depending on the type of the probate case.
A real estate attorney can help determine the correct process and prepare the necessary documents.
2. Ensure Records Are Updated
Just like when adding someone, it’s important to notify your insurance provider and local tax assessor once the deed is recorded. Keeping records up to date helps avoid complications if you later refinance, sell, or transfer the property again.
Note on Mortgages
It’s important to understand that changing the deed does not change the mortgage. If someone is removed from the title but still listed on the mortgage loan, they remain legally responsible for the debt.
The only way to remove someone from the mortgage is typically through refinancing. In some cases, a lender may allow a loan modification, but this isn’t guaranteed and often depends on the remaining owner’s financial qualifications.
Final Thoughts
Whether you're adding a loved one to your title or removing a co-owner due to life changes, it's important to handle the process correctly. Title updates are legal transactions, and mistakes can create long-term complications. Working with an experienced real estate attorney ensures everything is done properly and recorded with the right local offices.
Need an attorney for your real estate closing?
Attorney Charlene Pederson has been guiding Connecticut clients through residential real estate transactions for more than 30 years. If you need experienced legal support for your next closing or deed change, contact her directly at charlene@pedersonlawct.com or 203-900-4371.
We proudly serve the greater Greenwich, CT area, including Stamford, Darien, New Canaan, Westport, Norwalk, and Wilton.
