If you own a home in Wisconsin, you may eventually need to change the deed to the property. This can happen for many reasons. You may want to add a spouse or family member, remove someone from the title, transfer the property to a trust, change how the owners hold title, or transfer the property to a new owner.

Changing a deed is possible in Wisconsin, but it is important to understand that a deed is a legal document that transfers or affects an interest in real estate. Simply changing the names on a document does not automatically change ownership. The appropriate deed must be prepared, properly executed, and recorded with the appropriate Register of Deeds.

This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. For guidance specific to your situation, consult a licensed Wisconsin attorney.

What Is a Deed?

A deed is a legal instrument used to transfer an interest in real estate from one party to another.

The person transferring the property is generally referred to as the grantor, while the person receiving the interest is generally referred to as the grantee.

A deed may identify:

• The current owner.
• The new owner.
• The legal description of the property.
• How the property will be held.
• The consideration or other information required by Wisconsin law.

Once properly executed and delivered, the deed can transfer an ownership interest in the property.

Why Would You Want to Change a Deed?

There are many reasons a Wisconsin homeowner may want to change the deed to a property.

Common situations include:

• Adding a spouse to the property.
• Removing a former spouse following a divorce.
• Adding a child or other family member.
• Transferring property to a trust.
• Transferring property to another individual.
• Changing the way multiple owners hold title.
• Correcting an error in a previous deed.
• Transferring property after an estate-related event.

The appropriate legal document depends on why the deed is being changed.

Can You Simply Change the Existing Deed?

Generally, you should not simply cross out a name or make handwritten changes to an existing recorded deed.

Instead, a new deed or another appropriate instrument is generally prepared to document the desired change.

The new document can identify the current owner as the grantor and the person receiving the new interest as the grantee.

The document is then executed according to Wisconsin's legal requirements and recorded with the appropriate county Register of Deeds.

How Do You Change a Deed in Wisconsin?

Although the exact process depends on the circumstances, changing ownership generally involves several steps.

1. Determine What You Want to Change

First, determine exactly what you want the new deed to accomplish.

For example, you may want to:

• Add another owner.
• Remove an owner.
• Transfer the entire property.
• Change the form of ownership.
• Transfer the property into a trust.

The purpose of the transaction affects which type of deed or other document should be used.

2. Review the Existing Deed

Before preparing a new deed, review the current recorded deed.

You should confirm:

• The names of the current owners.
• How the owners hold title.
• The property's legal description.
• The recording information.
• The correct property identification information.

Using an incorrect legal description can create serious problems with the transfer.

3. Prepare the Appropriate Deed

Wisconsin uses several types of deeds, including warranty deeds and quitclaim deeds.

The appropriate deed depends on the circumstances of the transaction and the type of interest being transferred.

A quitclaim deed, for example, generally transfers whatever interest the grantor has in the property without providing the same warranties associated with a warranty deed.

Because the legal consequences can differ, homeowners should carefully consider which type of deed is appropriate.

4. Sign the Deed Properly

The deed must be properly executed.

Wisconsin law contains specific requirements concerning the execution and recording of real estate documents. Depending on the document and circumstances, notarization and other formalities may be required.

Failing to properly execute a deed can create problems when you attempt to record it.

5. Record the New Deed

After the deed is properly executed, it generally needs to be recorded with the Register of Deeds in the county where the property is located.

Recording provides public notice of the transaction and establishes the deed within the property's public record.

Each Wisconsin county may have its own recording procedures, fees, and submission requirements.

What Happens If You Add Someone to the Deed?

Adding someone to the deed can give that person an ownership interest in your property.

This is an important decision because adding someone to the deed is not merely giving them permission to live in the home. It can create actual property rights.

Depending on how title is held, the new owner may have rights involving:

• Selling the property.
• Refinancing.
• Using the property as collateral.
• Receiving an interest in the property after another owner's death.
• Participating in decisions concerning the property.

Before adding someone to a deed, it is important to understand the legal consequences.

Can You Remove Someone From a Deed?

Removing an owner from a deed can be more complicated than simply preparing a new document.

If another person currently owns an interest in the property, that person generally must participate in the transfer unless there is another legal basis for removing their interest.

For example, divorce proceedings may result in an order requiring one spouse to transfer their interest in the property to the other spouse.

If the other owner refuses to sign a deed, additional legal proceedings may be necessary.

Can You Change the Deed After a Divorce?

Divorce is a common reason for changing ownership of real estate.

A divorce judgment or marital settlement agreement may require one spouse to transfer their interest in the home to the other spouse.

The required deed should be prepared consistently with the divorce documents and properly recorded.

It is important to remember that transferring ownership of the home and removing someone from the mortgage are two different issues.

Does Changing the Deed Remove Someone From the Mortgage?

No, not necessarily.

A deed determines ownership of the property. A mortgage or loan agreement creates a separate financial obligation.

For example, a person may transfer their ownership interest to someone else but remain legally responsible for a mortgage unless the lender agrees to release them from the loan.

This distinction is extremely important when transferring property after a divorce or when adding or removing an owner.

Can You Transfer Your House to a Family Member?

Wisconsin homeowners can generally transfer real estate to family members, but the transaction may have legal and financial consequences.

Depending on the circumstances, a transfer could affect:

• Property taxes.
• Gift tax considerations.
• Medicaid or other benefit eligibility.
• Estate planning.
• Capital gains tax.
• Existing mortgages or liens.
• Future ownership rights.

Before transferring your home to a family member, it is important to understand the consequences of the transaction.

What About Transferring a House to a Trust?

Some homeowners use trusts as part of their estate planning.

A homeowner may transfer title to a trust by executing an appropriate deed that transfers the property from the individual owner to the trustee or trust, depending on how the trust is structured.

Trust transfers should generally be coordinated with the person's broader estate plan.

What If There Is a Mortgage on the Property?

If your home has a mortgage, you should review the loan documents before transferring ownership.

Some mortgage agreements contain provisions that can affect transfers of the property. A transfer may also affect refinancing, insurance, and other aspects of the loan.

Changing the deed does not automatically change the mortgage.

If you are considering transferring a mortgaged property, obtaining legal advice before recording the deed can help you avoid unintended consequences.

What If There Is a Lien on the Property?

Changing the deed generally does not automatically eliminate existing liens.

Property may be subject to:

• Mortgages.
• Tax liens.
• Judgment liens.
• Construction liens.
• Other recorded interests.

A new owner may acquire the property subject to certain existing interests.

Before transferring real estate, it can be important to determine what liens and encumbrances affect the property.

Can a Lawyer Help Change a Deed?

Yes. A Wisconsin real estate attorney can help determine the appropriate way to accomplish a property transfer.

An attorney may be able to:

• Review the existing deed.
• Determine how title is currently held.
• Prepare the appropriate deed.
• Review mortgages and liens.
• Explain the consequences of adding or removing an owner.
• Coordinate a transfer following divorce.
• Assist with estate planning transfers.
• Ensure the document is properly executed.
• Assist with recording the deed.

Legal assistance can be particularly valuable when the transfer involves a divorce, estate planning, multiple owners, a mortgage, or a disagreement between property owners.

Conclusion

Yes, you can change the deed on your house in Wisconsin, but changing ownership of real estate is more complicated than simply changing a name on a document.

The appropriate deed must be prepared and executed correctly, and the transfer should generally be recorded with the Register of Deeds in the county where the property is located. Homeowners should also consider mortgages, liens, taxes, estate planning, and the rights of other owners before completing a transfer.

If you are considering adding or removing someone from your deed, transferring your home to a family member, or changing ownership for another reason, consulting with a Wisconsin attorney can help ensure that the transaction accomplishes what you intend.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.