How do you remove a name from a deed?
You remove a name from a deed by recording a new deed from the person giving up ownership, by recording divorce papers when state law treats them as title papers, or by recording death papers when a joint owner with survivorship has died. The deed change is separate from the mortgage. The CFPB says title does not take a name off the mortgage. A creditor release or a refinance may be needed before the old borrower is off the loan.
Key facts
- The CFPB names quitclaim deeds, divorce decrees, death certificates, court orders, wills, and heirship affidavits in its mortgage servicing rule.
- The CFPB says changing title does not take a name off the mortgage.
- Indiana says a Sales Disclosure Form must be completed whenever a conveyance document is filed.
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Get my cash offerMain ways a name comes off title
The right paper depends on why the owner is leaving the title. The CFPB's mortgage servicing rule names documents such as a quitclaim deed, a final divorce decree with a separation agreement, a death certificate, an executed will, a court order, and an affidavit of heirship with a death certificate.
For an agreed transfer, the person leaving title signs a new deed. For a divorce, the recorded paper may be a deed, a decree, or both, depending on the state and county process. For a death, the recorded paper is often an affidavit or state form tied to a death certificate, especially when the deed used survivorship wording.
- A quitclaim deed is one document the CFPB names in its mortgage servicing rule.
- A divorce paper is not handled the same way in every state. Indiana and Tennessee name divorce related papers in their recording guidance.
- A death filing is not called the same thing everywhere. Ohio, Tennessee, and Indiana use different words in the records cited here.
The deed and the mortgage are separate
Removing a name from the deed does not remove that person from the mortgage. The CFPB says title does not take your name off the mortgage. That means a person can be off ownership but still connected to the loan.
A lender release or a refinance is the mortgage part of the job. The CFPB says the person may need to be contractually released by the creditor or have the loan refinanced with the name removed.
If the house will be sold while a loan still exists, the deed issue and the loan issue should be treated as separate items. You can read more about the loan side here: can you sell a house with a mortgage.
When an owner signs a new deed
When the owners agree, a new deed is the direct route. It should identify the property and meet the signing, acknowledgment, and recording rules used by the state or county recording office.
Indiana's State Board of Accounts says a conveyance is acknowledged by the grantor. Tennessee's Shelby County Register of Deeds lists proper acknowledgments and the legal description of property in its filing guidelines.
Do not confuse removing an owner with fixing a name. Franklin County in Ohio says a name change does not constitute a transfer of ownership, and it separately names an Affidavit of Name Change.
Using divorce papers
A divorce decree can be part of removing a name, but it is not a mortgage release. The CFPB names a final divorce decree and accompanying separation agreement in its mortgage servicing rule. The title and the loan still have to be handled as separate issues.
Indiana's Sales Disclosure Form instructions list divorce, court order, judgment, condemnation, and probate, and also list a quitclaim deed serving as a source of title. Tennessee's Register of Deeds filing guidelines list domestic decrees or deeds that adjust property rights between divorcing parties. If the house issue is part of a divorce sale, see selling your house during divorce.
When a joint owner has died
If the name is coming off because an owner died, the document depends on the title wording and the state process. Many sellers call this an affidavit of death, but the source names are not the same in every state.
Ohio Revised Code 5302.17 says a survivorship deed creates a survivorship tenancy. The same Ohio law refers to filing with the county recorder and to an affidavit accompanied by a certified copy of a death certificate.
Tennessee's Shelby County Register of Deeds names an Affidavit As To Heirs. Indiana says affidavits about death, name, residence, identity, or relationship may be recorded in the recorder's office. If the property also has a loan, see inherited house with a mortgage.
State recording forms in Indiana, Ohio, and Tennessee
The county recording step matters because the public land record is changed by filed documents. The table below lists the forms or recording items named by the state or county sources used here.
This page covers agreed transfers, divorce papers, and death papers. It does not cover a fight over who owns the house.
| State | Recording paper or form named in the cited source | What the source says |
|---|---|---|
| Indiana | Sales Disclosure Form | Indiana says it must be completed whenever a conveyance document is filed. Indiana also says affidavits about death, name, residence, identity, or relationship may be recorded in the recorder's office. |
| Ohio | DTE 100, DTE 100EX, survivorship affidavit, or certificate of transfer | Franklin County lists DTE 100 and DTE 100EX. Ohio Revised Code 5302.17 refers to filing with the county recorder and an affidavit with a certified death certificate for survivorship. |
| Tennessee | Deed or decree with filing requirements, plus Affidavit As To Heirs | Shelby County lists proper acknowledgments, a legal description, domestic decrees or deeds between divorcing parties, and Affidavit As To Heirs. |
Frequently asked questions
Can I remove someone from a deed without that person's signature?
In an agreed transfer, the person leaving title signs a new deed. Other paths can involve divorce papers, a court order, or death papers. This page does not cover a contested ownership dispute.
Does a quitclaim deed remove someone from the mortgage?
No. The CFPB says title does not take your name off the mortgage. A creditor release or a refinance may be needed to remove the person from the loan.
Can a divorce decree remove a name from the deed?
It can be part of the title paperwork, but the recording rules differ by state. Tennessee and Indiana name divorce related papers in their recording guidance.
What paper removes a deceased joint owner from title?
The form name depends on the state and how title was held. Ohio refers to an affidavit with a certified death certificate for survivorship, and Tennessee names an Affidavit As To Heirs.
What is the Indiana form when a deed is recorded?
Indiana says a Sales Disclosure Form must be completed whenever a conveyance document is filed. Indiana also says affidavits about death, name, residence, identity, or relationship may be recorded in the recorder's office.
Is changing a name the same as removing an owner?
No. Franklin County in Ohio says a name change does not constitute a transfer of ownership. It separately names an Affidavit of Name Change for that type of record issue.
Is this the same as a transfer on death deed?
No. Removing a name after a death is different from setting up a future transfer. For that topic, see what is a transfer on death deed.
Sources
Checked against each source on November 3, 2026. This page is general information, not legal or tax advice.
- CFPB Regulation X Section 1024.38 (Consumer Financial Protection Bureau)
- Can a debt collector contact me about a debt after a divorce? (Consumer Financial Protection Bureau)
- Resource Library: County Recorders (Indiana State Board of Accounts)
- Sales Disclosure Form Instructions (Indiana Department of Local Government Finance)
- Ohio Rev. Code 5302.17 (Ohio Laws / Ohio Legislative Service Commission)
- Transfer and Conveyance Standards (Franklin County Auditor's Office, Ohio)
- Filing Guidelines (Shelby County Register of Deeds, Tennessee)
Related seller questions
- Can you sell a house with a mortgage?
- What happens when you inherit a house with a mortgage?
- What is a transfer on death deed?
- How do you find out if there is a lien on a property?