How to Add or Remove Names From Your House Deed or Home Title?

Life can send all sorts of changes your way – a new marriage, divorce, or inheriting a house – and each of these might require you to change the legal owners of your home. In Illinois, this involves working with your property title and deed. (Read on to find out the difference between those two!)

We’ll discuss what a title and a deed are, why you may need to add or delete the name of an individual, and take you through the step-by-step procedure for doing so. We’ll touch on Illinois state regulations (such as Cook County recording fees), the major documents (legal descriptions, PINs, transfer tax forms), and pitfalls to avoid. By the time you reach the end, you should be more comfortable with modifying names on your deed and understand why it’s a good idea to call Ben Weaver at 23 Legal to ensure everything runs smoothly.

Understanding the Title vs. the Deed in Illinois

To begin with, let’s dispel a common misconception: the title to a piece of property is your legal right to own it, while the deed is the document itself that establishes who holds that title. “A title is an idea employed to convey ownership of a house, while a deed is an actual paper evidencing the ownership, or the title.” When you purchase or acquire ownership of a house, you get a signed deed from the previous owner(s), and that deed is what passes title to you.

In Illinois, who “holds the title” is not fixed: you may hold it alone, you and a spouse, or you and someone else (joint tenants, tenants in common, etc.). A common example: married persons usually own real estate as tenants by the entirety, meaning each spouse has legal title to the entire property. (By Illinois law, if a couple gets divorced, a tenancy by the entirety turns automatically into a tenancy in common – i.e., each of them owns 50%, unless the court directs otherwise.) The point is, changing who’s got the title is done through updating the deed. A new deed that adds or deletes names will be recorded, and that is the one the county maintains on file as evidence of ownership.

When and Why You Might Add or Remove a Name

There are numerous reasons why an individual’s name can be added or removed from a property’s title/deed. Typical life events include:

• Marriage: Newlyweds tend to add a spouse’s name to the house deed due to estate planning or co-ownership.
• Divorce:  A spouse can quitclaim their interest in the home to the other, taking their name off.
• Inheritance: When a property owner passes on, heirs (children, spouse, etc.) might require a new deed to place the property in their names.
• Gifting/Sharing: Parents may place a child on the deed (or take a child off after inheritance), or roommates may desire to share ownership.
• Estate Planning: Couples may add each other or a trust to simplify passing the home on.
• Refinancing or Loans: Sometimes a lender requires a spouse’s name on the title for loan approval (though note, adding a name to the title won’t change who’s on the mortgage – more on that below).

Briefly, whenever those owning the house change, by family planning, court action, or other individual reasons, you usually must prepare and record a new deed showing the change in ownership. If you’re asking “How do you place someone on your deed?” or “How to put a name on your house deed,” it’s all about preparing a proper deed and adhering to recording regulations. Similarly, taking someone away (such as after divorce or death) involves preparing a deed transferring their interest out.

How to Add a Name to Your Deed (Step-by-Step)

Placing someone on your home’s title is really a transfer of ownership interest. Even if no money passes, you have to record the change with a deed. Here’s a general step-by-step guide to adding a name (e.g., adding a spouse or family member) to the title/deed in Illinois:

1. Determine the type of deed. If you’re just putting someone on (and not selling to them), a quitclaim deed is the most typical. A quitclaim deed passes whatever interest you hold without warranties. It’s the type used between spouses or family members when they trust one another. Such as parents putting an adult child on the deed, or a spouse giving their portion in a divorce. A quitclaim is quicker and doesn’t involve a title search. If you are having a sale or wish to ensure that the title is clear, a warranty deed gives more security. (In which event, you’d ensure there are no hidden claims on the property.) Select the form of deed that applies to your circumstances – county recorder offices or a title company can let you know what form to use.
2. Gather necessary property information. You will require the precise legal description of the property (e.g., lot and block within a subdivision, or a metes-and-bounds description) and PIN (Permanent Index Number) or tax parcel number for the property. It must match your current deed or tax bill. If you don’t have it readily available, you may be able to get it from the Recorder’s/Clerk’s office or the assessor’s website. You’ll also need the full names and addresses of all owners (grantors) and the new owner(s) (grantees), as well as the exact consideration (often stated as “$1 and other good and valuable consideration” or “love and affection” if it’s a gift). Whiteside County’s Recorder site lists exactly these as needed: Name(s), address, PIN, and legal description.
3. Obtain the proper deed form. Deed forms in Illinois can differ between counties. Your County Clerk/Recorder or their website will provide the proper blank deed form (quitclaim or warranty). Cook County, for instance, has special forms. Be certain you use the most current version. Often, a deed form is a multi-page form. It will have spaces for the grantor(s), grantee(s), description of the property, and statutory language.
4. Fill out the deed. Complete the form with the information gathered: list the current owner(s) (grantors) and who is being added (new grantees). Write the date of transfer (usually the date the deed is signed). Enter the consideration (sale price or gift). Then copy the full legal description of the property (this part must be exact). Include the PIN if requested by the form. Also, include any necessary phrases like “Also known as [common address]” if it will fit (assists in matching the parcel to a street address). If there are outstanding mortgages or liens, you may include those, but generally, the deed by itself simply transfers title.
5. Sign the deed in front of a notary. All current owners (grantors) are required to sign the deed in the presence of an Illinois notary. If you are adding someone but not removing the existing owners from the title, all original owners sign, and the new person(s) normally do not sign (they are not giving anything to anyone). To remove, the person going out would sign as a grantor. In either instance, obtain the notary acknowledgment using the official Illinois wording. Do not date or sign the deed until you are in the presence of the notary. Once signed, the notary will stamp and sign it.
6. Gather the transfer tax declaration and stamps. Illinois has a Real Estate Transfer Declaration form (PTAX-203 or PTAX-203-E) for almost every deed recording. This is the form in which it records the sale price (or indicates transfer is exempt) for taxation purposes. In Cook County (and the city of Chicago), you submit this electronically through Illinois’ MyDec system. So you’ll have to visit the Cook County Clerk’s recording location and fill out the e-MyDec form, stating any consideration. If the transfer is exempt (such as a gift or between spouses in a divorce), you still typically mark the “exempt” box on the form and state the reason (such as “divorce decree”). In Cook County, if your deed is tax-exempt, you are also required to join a signed Exempt Transfer Affidavit or Statement by Grantor/Grantee.
7. Secure and affix tax stamps. Although you may have an exemption, usually, you would have bought Illinois state and county transfer tax stamps for the deed. In Cook County, for instance, the Clerk sells both the state and the Cook County stamps at the window of the recorder. The state real estate transfer tax is 0.25% of the sale price (¼ of 1%), and Cook County’s is 0.50%. Chicago adds a further 1% if the property is in the city. Stamps are affixed to the deed prior to it being recorded. If you previously filed MyDec online (which you are required to do in Cook County as of 2016), the stamps may be optional, but check with the Clerk.
8. Record the deed. Lastly, present (or send by mail) the signed and notarized deed, filled-out transfer form, and exemption affidavits, if any, to the County Clerk/Recorder’s office of the county in which the property is situated. In Cook County, that means the Cook County Clerk’s recording division (because the Recorder of Deeds was consolidated into the Clerk’s office). Provide the recording fee (which varies by county and number of pages). The clerk will read and index the document. As soon as the deed is recorded, the new owner(s) are now on title. Retain a certified copy or record the instrument number in your files.

By doing so, you’ve added a name to the deed correctly. (If you did the math, technically, that’s how to put someone on the home title or add a name to your house deed in Illinois.)

How to Remove a Name from Your Deed (Step-by-Step)

Removing an unsolicited name is really the same as adding – you simply must prepare a new deed transferring the undesired interest to someone else. The procedure follows the above, but with some special considerations:

1. Determine why you’re removing a name. Divorce and death are typical examples. If it’s a divorce, look at your divorce decree or marital settlement agreement: sometimes, the court will require one spouse to quitclaim to the other. If it’s because a co-owner passed away, the surviving owner or executor will make the transfer (sometimes through probate or a Transfer-on-Death deed). The reason matters because some transfers are tax-free (e.g., between former spouses), and some will require court orders or extra documentation.
2. Account for Illinois homestead and marital law. Illinois law has protections for spouses’ ownership: homestead rights mean that a spouse living in the home cannot be removed from the deed without their consent or a court order. In practical terms, after a divorce, you’ll typically use a quitclaim deed per the divorce terms, but make sure the spouse signs any necessary waivers or court-stamped documents. Also, keep in mind that, as stated, any tenancy by the entirety in Illinois is automatically tenancy in common at divorce, 50-50 ownership by default. But you typically still sign a deed to tidy up the record. If you are working with an inheritance, the executor may sign a deed (such as a fiduciary deed) to convey title out of the estate and eliminate the name of the deceased.
3. Select the form of deed. For expelling someone (such as giving up a share), a quitclaim deed is invariably used. It’s a speedy method for the person vacating to rid themselves of their claim. If it’s a sale instead of a gift (i.e., you purchase out a co-owner), you may employ a warranty deed. But in divorce or transfers of estates, a quitclaim is the standard because it’s easy and usually exempt from taxation.
4. Get information on the property. Get the property’s legal description and PIN from the old deed or the tax records, as you did before. Make sure you have the full names and addresses of the person leaving (grantor) and the person who will remain as owners (grantee). Add the date of the signing and the consideration (usually “love and affection” or the money involved if you paid) to your will.
5. Fill out the deed. Place all existing owners (including the one who’s exiting) on the deed form as grantors. Place the individual or individuals who will retain the property as the grantee(s). For instance, if a wife is deleting her name, the husband would be the sole grantee, or if two siblings share and one sells to the other, the selling sibling is the grantor and the purchasing sibling is the grantee. Input the typical information: date, consideration, legal description, PIN, etc. If the transfer is occurring due to a divorce, you could include “according to a divorce decree dated ___” as part of the transaction information (this clarifies that it’s a non-standard transfer).
6. Sign and notarize. The most important thing is that the individual being removed signs the deed. That individual (grantor) visits a notary, acknowledges the deed, and signs it before the notary. Multiple individuals signing as grantors need to do this. The other owner(s) typically do not sign a removal deed (they are only grantees). After being notarized, the deed can be recorded.
7. Transfer tax declaration and stamps. Send in your Illinois transfer declaration form one more time. Most removals (for instance, with divorce or when things are inherited) do not require you to pay tax. On the PTAX form, you’ll tick the exemption box and add the required affidavit. In Cook County, it requires you to sign and add the “Statement of Exempt Transfer,” as explained before. Should you need to report a transfer where the exemption does not apply (as one sibling sells their share to another for money), the sale price should be stated on the PTAX and stamps purchased as normal.
8. Record the deed. File the signed deed and filled-out forms with the county recorder. In Cook County, record it through the Cook County Clerk’s recording division. Pay the recording fee. After the recording, the history of the deed will indicate that the name of the person who was removed is no longer there. For instance, after recording, you can request a copy of the deed or view online records to double-check that the individual is no longer included.
9. Keep in mind, mortgages are separate. CRITICAL: Canceling a name from the deed does NOT cancel them from the mortgage. This is made clear by Illinois law: if your name remains on the loan, you remain accountable for payments despite divorce or change of deed. The mortgage (and note) remains intact unless refinanced or otherwise addressed. The most frequent error is believing a deed modification resolves all; it does not update the lender’s records. If you need someone removed from the loan, you’ll have to refinance or negotiate directly with the lender.

By doing these steps, you will have successfully eliminated someone’s name. Keep in mind that if you’re doing this due to divorce or death, it’s best to double-check any court orders, probate needs, or homestead consideration prior to moving forward.

Illinois-Specific Legal Requirements and Documentation

Illinois has some special rules and documents for deeds, so be sure to handle all official requirements:

• Real Estate Transfer Declaration (PTAX-203): Illinois law mandates a transfer tax declaration with nearly every deed. It is not an actual tax payment (except in the case of taxable transfers), but rather a form reporting the sale price or indicating an exemption. The form is to be filed with the deed at the time of recording. In Cook County, this is completed online through the MyDec system, and you’ll have to retain a copy of your MyDec submission. Don’t skip this form – it’s legally required.
• Transfer Tax Stamps: In addition to the declaration, you typically must pay the Illinois state transfer tax (0.25% of the consideration) and any municipal tax. In Cook County, the Recorder’s Office also resells state and Cook County stamps when you record. In Chicago, add the Chicago city stamp (1%). If your transfer is actually exempt (such as between spouses in divorce), you may not need stamps, but you must indicate “No consideration” or include an exemption affidavit. If you do owe tax, have the stamps placed on the deed prior to recording.
• Legal Description & PIN: Any deed is required to have the property’s legal description – the precise description of the parcel (lot/block/subdivision or other survey description). Copied verbatim from a previous deed or tax record prevents misunderstandings. The Permanent Index Number (PIN), Cook County’s parcel number, must be on the deed as well. These mark the property as distinct. (According to the Whiteside County Recorder, these are important things to include: name(s), address, PIN, legal description.) Do not use a street address only or a short description – an inaccurate legal description can cause the recorder to reject the document.
• Notary Acknowledgment: Illinois has a special form for a notary acknowledgment on deeds. Once the grantor(s) have signed, a notary’s certificate must be affixed, verifying the names and information. If you omit the notary or use an inappropriate form, the deed will not be recorded. Make sure the acknowledgment is Illinois-compliant (it will most likely be included in the deed form).
• Homestead Rights: Illinois protects a homeowner’s homestead (primary residence) interest. A spouse on the deed cannot be removed simply by one party’s decision – they must agree, or a court order must explicitly allow it. If you’re working through a divorce, the divorce judgment or settlement must handle the homestead waiver before a deed change is accepted. Bottom line: don’t try to “sneak” a spouse off a deed without their consent or an order, because Illinois law requires it.
• Tenancy by the Entirety (Marriage): Illinois couples who are married have property that is typically held as tenants by the entirety. When adding or subtracting a spouse (post-marriage) or subtracting one (post-divorce), you should know that the statute automatically converts an ex-couple into tenants in common unless you file a new deed stating otherwise. In practice, you usually file a deed to clarify the title. If you intend to maintain co-ownership, you may document a new deed giving equal interests rather than leaving the status uncertain.
• Exempt Transfer Statement (Cook County): In Cook County specifically, if your deed transfer is tax-exempt (for instance, a gift, a transfer in divorce, or a transfer into trust, etc.), the recording office demands a special signed statement. The Statement of Grantor and Grantee (also referred to as an Exempt Transfer Affidavit) is required to be included with the deed. It simply indicates that the sale is exempt (e.g., “no money was exchanged” or “transfer incident to divorce”) and needs to be signed by all the parties involved. See the Cook County Clerk’s website or call the clerk for the proper form to be used for exempt transfers.
• County vs. Recording Office: Illinois deeds are recorded in the county in which the property resides. The residents of Cook County employ the Cook County Clerk’s recording office (the previous Recorder of Deeds, located in an older building, was consolidated with the Clerk as of December 2020). Other Illinois counties employ a Recorder or County Clerk. Don’t send your Illinois deed to a federal or other state facility – it needs to be sent to the local recorder.

By satisfying these requirements – the proper deed form, legal description, notarization, transfer forms, and tax stamps – you guarantee the name change will be accepted. Double-check always with your county’s rules. For instance, Cook County has guidelines on its website explaining stamps, MyDec, and other specifics.

Common Mistakes to Avoid

Changing a deed seems straightforward, but people often trip up on a few pitfalls. Here are some mistakes to watch out for:

• Failing to deal with the mortgage: Remember, taking a name off the deed does not take it off the loan. As explained by the Illinois State Bar, “if your name is still on the note and mortgage, you are still responsible for paying the debt”. It’s believed by some that after a deed is altered, the ex-spouse can’t be foreclosed upon – they can. Always address the mortgage separately (refinance if needed) before or after changing the deed.
• Skipping the transfer tax paperwork: Some do-it-yourselfers forget the PTAX form or believe a gift transfer does not require forms. Illinois law states you are required to file Form PTAX-203 (or indicate an exemption thereon) with your deed. Exempt transfers must also be documented. If you do not correctly file, the recorder will refuse to record the deed, or you could be penalized. Cook County’s online MyDec system simplifies it, but you need to remember to do so.
• Using an incorrect legal description: If your new deed doesn’t exactly replicate the recorded legal description, the county can refuse to accept it. For instance, stating “Lot 12” when the deed refers to “North 60 feet of Lot 12” may be an issue. Always copy the wording from an existing recorded deed currently on file or take it from the parcel’s official record. Same with the PIN. An unclear description may hold up your recording and cost time and money to correct.
• Not notarizing properly: Some individuals forget to sign in the presence of the notary or make the mistake of signing before notarization. Without the proper Illinois certification of the signature by notarization, the deed will not be valid. Also, make sure all of the grantors sign. (Grantee(s) generally do not sign a gift deed in Illinois.)
• Ignoring spouse’s homestead rights: Trying to remove a spouse’s name without their waiver or court order will not succeed. Illinois insists on a spouse’s sign-off on any non-mortgage debt on their home. If you don’t have that, discuss with your attorney what it takes to get a court order or written waiver.
• Not obtaining the right deed form: As mentioned before, using the incorrect form of deed will become an issue. For instance, attempting to utilize a quitclaim deed to grant someone when a warranty deed is necessary (e.g., with a sale) may leave the grantee without title protection. On the other hand, utilizing a warranty deed when a less complicated quitclaim will suffice won’t typically cause any damage, but it will cause unnecessary complications with warranties. Ensure that the deed you use is acceptable for your transaction.
• Overlooking municipal taxes: Transfers in Cook County (and particularly Chicago) often need local transfer taxes. If you just pay the state tax, you’ll owe more. The Chicago Department of Finance and Cook County both have their own stamp requirements. The Recorder’s Office, where you buy the stamps, will make sure this gets done if you pay attention.
• DIY without reviewing: This is a legal document. One little mistake – misspelled name, incorrect date, small typo in the legal explanation – can make the deed invalid. Ask someone to double-check the draft or utilize a fillable form from an authoritative source. In case of uncertainty, ask an attorney or title company.

By knowing these typical pitfalls, you’ll avoid headaches and have your new deed accepted, or avoid being saddled with unforeseen liabilities.

Need Help? Contact Ben Weaver at 23 Legal

Revising a property deed can seem intimidating (and it can be, with Illinois regulations), but you don’t have to do it alone. If you still have doubts or wish to verify that everything is done exactly right, contact Ben Weaver at 23 Legal. Ben is an Illinois lawyer who handles real estate law and can walk you through adding or dropping names on a deed. We remove the stress from the process and ensure your deed documents are complete and compliant.

For personalized support with deed and title modifications in Illinois, dial (847) 447-6004 and request attorney Ben Weaver. We’re here to assist you in navigating this paperwork professionally so you can confidently move on to your next chapter in life.

Planning to sell your property and start a new chapter? We can help!

Accomplish your real estate goals with 23 Legal: (847) 447-6004

Why Choose 23 Legal

23 Legal offers Real Estate and Estate Planning legal services to individuals, families, community associations and small business owners throughout Chicagoland. We know how intimidating “the law” can be. In fact, when most people think of law offices, they think of stuffy leather chairs, huge wooden desks and pompous lawyers who charge outrageous fees. That’s not us! We believe in 1-to-1; the same lawyer should work with you all the way through. Whether you have an estate planning issue, family trust concern, or you have a legal problem in regard to a new home, business, real estate or remodel, you need a lawyer who cares. That’s where Ben comes in! We are great listeners; more than that, we are lawyers who believe that our clients always come first.

Attorney Ben Weaver is an expert in Real Estate Law for Arlington Heights, Prospect Heights, Mount Prospect, Des Plaines, Glenview, Park Ridge, Wheeling and the surrounding communities.