Before proceeding, please review the legal disclaimer.
Whether you’re going through a divorce, completing an inheritance, adding a spouse, or correcting a name error, learning how to change the name on a home deed in Texas is crucial to ensuring your property records are accurate and legally recognized.
At The Lange Firm, we help homeowners, heirs, and families update their real estate documents to reflect life changes and legal transitions. In this guide, we’ll walk you through the different ways to change a name on a deed, when it’s required, and how to do it correctly to avoid costly title issues down the road.
There are several common reasons why someone may need to update a deed:
Marriage – adding a new spouse to title
Divorce – removing a former spouse from title
Name Change – legal name change due to marriage, divorce, or court order
Inheritance – transferring title after the death of a loved one
Gift – transferring property to a child, family member, or trust
Correction – fixing errors such as misspelled names or incorrect ownership
Each scenario requires its own legal process and documentation, which is why it’s important to know the right method for your situation.
No. You cannot simply mark up or edit an existing deed to reflect a name change. Real estate transfers must follow specific legal protocols. You’ll need to create and file a new deed to reflect any changes.
Is this a legal name correction or an actual ownership change?
If it’s a name correction (e.g., fixing a spelling error), a Corrective Deed may be appropriate.
If it’s a change in ownership (e.g., due to divorce or inheritance), you’ll need to file a new deed, such as:
General Warranty Deed
Quitclaim Deed
Special Warranty Deed
Gift Deed
Executor’s Deed (for probate)
The Lange Firm can help determine the best legal tool for your situation.
Deed preparation must include:
Full legal description of the property
Grantor (current owner) and Grantee (person receiving ownership) information
Type of deed and consideration (if any)
Signatures of all parties involved
Notarization of all signatures
Insert backlink here to: “What Is a Deed of Distribution?”
If the deed is being updated due to death, probate may be required before title can legally transfer.
Texas law requires that all deeds transferring real estate be signed and notarized. Every person currently listed on the deed must sign off unless a legal reason (like death or divorce decree) eliminates the need.
In some counties, remote notarization may be available, but traditional notarization is still preferred.
Once the deed is signed and notarized, it must be recorded with the County Clerk’s office in the same county where the property is located.
You’ll need to:
Submit the original deed
Pay a filing fee (typically $25–$40 depending on the county)
Obtain a certified copy for your records
Filing protects against future claims or disputes regarding ownership.
Failing to change a name on a deed can result in:
Title confusion during resale
Delay or denial of refinancing
Probate delays
Legal disputes among heirs or family members
Property tax billing issues
If a spouse is left on title after divorce or if an heir never records the transfer, ownership rights may be contested later.
A divorce decree does not automatically remove a spouse from the deed. A new deed (usually a Special Warranty Deed) must be executed and recorded.
If the deceased owned property in their name alone, the estate must go through probate before the title can be updated.
If the property was in a trust or had a Transfer-on-Death Deed, it may bypass probate.
The Lange Firm can help you determine the best path depending on how title was held.
In simple cases, like name corrections or intra-family transfers, it’s possible to draft a deed yourself or use a form service. However:
Errors in language or legal description can void the deed
Omitting proper signatures or notarization may result in rejection
The wrong type of deed may trigger unwanted tax or liability consequences
To avoid expensive mistakes, many clients prefer to work with a lawyer—especially if the change relates to estate planning, divorce, or inheritance.
Our legal team offers:
Customized deed preparation
Probate support if the property owner is deceased
Divorce-related property division
Title checks to confirm ownership
Filing and recording services
Flat fees for many standard deed changes
Whether you’re updating a deed as part of a real estate transfer, estate plan, or probate proceeding, we make the process efficient and legally sound.
Not always—but it’s recommended for clarity, especially when refinancing or selling. A new deed ensures your legal name matches the county record.
Quitclaim Deeds are fast but may offer no legal protections. For most property transfers, a Special Warranty or General Warranty Deed is better.
Most name changes can be completed within 7–14 days, assuming all paperwork is in order and the county clerk’s office isn’t backlogged.
Changing the name on a home deed in Texas isn’t difficult, but it’s a process that needs to be done correctly to avoid future problems. Whether your reason is a divorce, death, marriage, or inheritance, following the legal steps—and getting help when needed—ensures your property ownership is clean and protected.
📞 Contact The Lange Firm today to schedule a consultation. We’ll help you navigate deed transfers with precision and peace of mind.
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Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome you to submit your claim for review. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.