ArcaMax

Q: I purchased a home for my parents and was named on the mortgage along with them. But, I’m making the payments. My husband and I recently paid the home off but realized that I am not on the deed with the county because they are receiving homestead exemption. Should I be added or create a trust so that I can protect my ownership? What would be the best way to go about this?

A: First of all, you need to make sure who owns the home. You mentioned that you are not “on the deed with the county.” Have you obtained a copy of the deed and looked at it? Frequently, the government offices that handle real estate filings and recordings don’t show all of the names of the title owners of a home. Other local taxing authorities also don’t show the exact information for the owners of a home.

We’ll give you an example. When you and your parents purchased the home, all three of you may have been on the title. When you obtained financing for the purchase, the lender placed a mortgage on the title. You and your parents would have signed the loan documents.

In turn, your parents might have had the tax bills sent to the home but might have only used their names with the local taxing authorities. You would still be an owner of the home, but the tax bills would be addressed to your parents and sent to the home address.

That’s why you have to check who is on title to the property. We suggest you get a copy of the deed from the office that handles the filing or recording of real estate documents. Frequently, you can download a copy of these documents from that office’s online site. Just make sure you are using the official site for the recorder’s office or office that handles the filing of real estate documents. Sometimes, other for-profit companies offer similar services but charge a lot more money (or are simply scams).

But some offices have not modernized their filing and recording systems or created a web portal that allows you to view or download documents. If that’s the case, you might have to go down to the office and request a copy of the document. When you go, please remember to take a copy of the property’s tax bill. The tax bill will have the property’s tax identification number (PIN) and the office may need that number to look up the property records for you. In some cases, they may have you look up the documents on computers in the office that may be available to the public.

When you search the tax identification number, you will likely see all of the documents ever recorded or filed against the title to the property. You shouldn’t concern yourself with these documents. You’ll be looking for a document that may be labeled as a “warranty deed” or “conveyance document.” It will help if you know the date or month in which you purchased the property.

Let’s say you purchased the property in May 2015. When you search the records, you’ll look for deed or mortgage documents recorded around May 2015. Once you find the deed, you should be able to view it. The language of the document should show that the seller conveyed ownership of the home to you and your parents. You should see all three of the names on the document.

If you see all three names, you’ll know that you took ownership of the home at that time. You might want to also see if you own the home as “joint tenants” or as “tenants in common.” These terms have meaning for estate planning. If you own the home with your parents as joint tenants, when one dies, you and your surviving parent will share their percentage of the home. When the other parent dies, you’ll become the sole owner.

However, if you see language that says “tenants in common” or shows that you own a specific percentage of the home, be aware that when your parents die, you won’t automatically get their share of the home. Rather, their ownership interest would flow according to their wishes under their will. If they die without a will, then the ownership interest would be transferred as provided by the laws that govern the transfer of ownership of a home when someone dies.

Unless you also see a deed document dated after the date you and your parents purchased the home that shows that ownership of the home transferred from the three of you to your only parents, we suspect that you are an owner.

If you find out you aren’t an owner, and want to make sure that you get the home should something happen to your parents, talk to a real estate attorney. You (and they) will need a professional to help you decide how to protect your ownership interest in the property, and ensure the title transfers cleanly to you after their deaths.

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(Ilyce Glink is the author of “100 Questions Every First-Time Home Buyer Should Ask” (4th Edition). She is also the CEO of Best Money Moves, a financial wellness technology company. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.)

©2025 Ilyce R. Glink and Samuel J. Tamkin. Distributed by Tribune Content Agency, LLC.