When you buy a home, you need both the deed and the title; one isn't better than the other. The title is the concept of legal ownership while the deed is the document that proves ownership. Moreover, you can't have a valid house deed if you don't hold title.
The grantor must sign the deed form and that signature must be properly acknowledged by a notary public. All signatures must be original; we cannot accept photocopies. A complete description of the property including the village, town, county and state where the property is located must also be included on the form.
For a deed to be valid, it must contain several essential elements, including the operative words of conveyance, description of the property, signatures, delivery, proper formatting and execution, absence of defects and encumbrances, legal capacity of parties, proper recording, and voluntary execution.
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.
Many people assume that a property deed and title are the same, but they are not. One is a document, while the other is a legal concept. When someone owns a property outright, they have both legal title and a deed. However, there are circumstances where you can have one without the other.
If you need a copy of the current deed, contact or visit the Alameda County Recorder's Office. Copies of deeds are not available off the internet. There is an online name index. Copies of the document itself must be obtained from the Recorder's Office Public Records Room.
Once another person is added to the deed, the property can become exposed to their financial risks. If the other person has debts or legal issues, the property could potentially be seized by their creditors.
However, putting your child on title to your house or bank account is a really bad idea for several reasons: If you make your child a part owner to your house or bank account, then any of your child's future creditors will be able to take your child's assets including all or part of your home and bank accounts.