Transferring property ownership in Tuscarawas County, Ohio, is an essential process for anyone buying, selling, or inheriting real estate. Whether you’re a first-time homebuyer, a property investor, or handling family property matters, understanding the steps, fees, and legal requirements is crucial. This guide will provide a clear, step-by-step overview of property transfer in Tuscarawas County, along with answers to common questions.
Understanding Property Ownership Transfer
Property ownership transfer refers to the legal process of changing the ownership of real estate from one person or entity to another. This can occur for various reasons, such as:
- Sale of property
- Gift or inheritance
- Adding or removing a name from the deed
- Divorce or legal settlement
In Tuscarawas County, the transfer of property ownership is officially recorded through the Tuscarawas County Recorder’s Office. Recording your deed ensures that your ownership is publicly recognized and legally enforceable.
TUSCARAWAS COUNTY OFFICESPROCEDURE FOR PROCESSING DEED TRANSFERS
Types of Property Transfers
There are several methods of transferring property ownership in Tuscarawas County, including:
1. Warranty Deed
A warranty deed guarantees that the seller holds clear ownership of the property and has the right to transfer it. It offers the buyer the highest level of protection.
2. Quitclaim Deed
A quitclaim deed transfers the seller’s interest in the property without guarantees. It is commonly used between family members or in divorce settlements.
3. Executor’s Deed
This deed is used when property is transferred as part of an estate. The executor of a deceased person’s estate may transfer ownership to heirs.
4. Special Purpose Deeds
Other deeds, such as trustee’s deeds or sheriff’s deeds, may be used for specific circumstances like foreclosures or property held in trust.
Step-by-Step Process for Transferring Property in Tuscarawas County
Step 1: Prepare the Deed
The first step is to prepare a valid deed. You can hire an attorney or a title company to draft the deed to ensure it meets legal requirements. The deed should include:
- Names of the grantor (current owner) and grantee (new owner)
- Legal description of the property
- Signatures of the parties involved
- Notarization
Step 2: Obtain a Property Tax Certificate
Before recording, you may need a certificate showing that property taxes are paid up to date. This ensures that there are no unpaid taxes that could create issues later.
Step 3: Record the Deed
Take the completed deed to the Tuscarawas County Recorder’s Office. The office will record the deed, making the ownership change official. Recording fees vary depending on the number of pages and type of deed. It’s essential to keep a copy for your records.
Tuscarawas County Recorder’s Office Contact:
- Address: 125 E High Ave, New Philadelphia, OH 44663
- Phone: (330) 365-3240
- Website: Tuscarawas County Recorder
Step 4: Update Property Records
After recording, ensure that the county auditor’s records reflect the new ownership. This is important for property tax purposes and future legal matters.
Step 5: Notify Relevant Parties
Once the transfer is complete, inform mortgage lenders, homeowners’ associations, and insurance providers about the ownership change.
Common Fees Involved
Transferring property ownership involves certain fees:
- Recording Fee: Charged by the Recorder’s Office to record the deed. Typically around $30-$50 per document.
- Transfer Tax: Ohio may charge a real estate transfer tax. Check with the county auditor for exact rates.
- Legal Fees: If you hire an attorney, fees may vary based on complexity.
- Title Search/Insurance: Optional but recommended to ensure the property has a clear title.
Tips for a Smooth Property Transfer
- Hire a Professional: An attorney or title company can help prevent mistakes that could delay the transfer.
- Check for Liens: Ensure the property is free from unpaid debts or legal claims.
- Use Correct Legal Descriptions: Mistakes in the property description can cause legal issues.
- Keep Copies: Always keep copies of all documents, including the recorded deed and tax certificates.
- Understand Ohio Laws: Familiarize yourself with Ohio property laws and Tuscarawas County-specific regulations.
Conclusion
Transferring property ownership in Tuscarawas County is a straightforward process when approached carefully and with the right documentation. By understanding the types of deeds, following the proper recording procedures, and keeping all records updated, you can ensure a smooth and legally secure transfer. Whether you’re buying a home, transferring family property, or handling an inheritance, following these steps will save time, avoid disputes, and protect your property rights.
FAQs About Property Transfer in Tuscarawas County
1. How long does it take to record a property transfer in Tuscarawas County?
Recording is typically completed the same day, but it may take a few days for county records to update officially.
2. Can I transfer property without a lawyer?
Yes, but hiring a lawyer or title company is highly recommended to ensure accuracy and compliance with Ohio laws.
3. What is the difference between a warranty deed and a quitclaim deed?
A warranty deed guarantees clear ownership and protects the buyer, while a quitclaim deed transfers whatever interest the seller has without any guarantees.
4. Are there taxes on property transfer in Tuscarawas County?
Yes, Ohio may impose a real estate transfer tax, and property taxes must be current before recording the deed.
5. How do I check if my property deed has been recorded?
You can contact the Tuscarawas County Recorder’s Office or check their online property records database.
6. Can property ownership be transferred to multiple people?
Yes, property can be jointly owned by two or more individuals. The deed must clearly specify the ownership percentages or rights.