An affidavit of ownership is a legally binding document in which a person formally declares their ownership of a specific property. This sworn statement serves as official evidence that the person signing the document (the affiant) is the rightful owner of the described property.
Unlike a simple claim of ownership, an affidavit carries significant legal weight because it’s made under penalty of perjury. Signers must acknowledge that providing false information could result in legal consequences.
The document must be signed in the presence of a notary public who verifies the signer’s identity and witnesses their signature. As a formal declaration, an affidavit of ownership becomes particularly important during:
Real estate transactions
Legal disputes
When establishing a clear title to property
Property owners often need strong affidavits of ownership when there are questions about title history, when transferring property, or when dealing with certain financial or property tax matters.
When Is an Affidavit of Ownership Required?
Property owners may need to prepare an affidavit of ownership in several situations. Here’s one example:
If you’re selling a house, you would provide a title to the buyer through a deed, but you might also need to sign an affidavit of ownership to formally state that you are the sole owner of the property and have the right to sell it.
Below are other instances:
Refinancing a mortgage if the lender requires additional verification of ownership
Resolving title clearance issues, such as correcting errors in property records or clarifying ambiguities
During probate proceedings to establish ownership of property belonging to a deceased person’s estate
Specific tax matters, including property tax appeals or when claiming exemptions
Filing insurance claims for property damage, especially if ownership documentation is damaged or lost
Addressing boundary disputes with neighboring property owners
Dealing with adverse possession claims or other challenges to ownership
An affidavit might also be required when changing the vesting on a property or when transferring property between family members outside the standard recording process.
Key Components of an Affidavit of Ownership
A properly executed affidavit of ownership typically includes:
Full legal name, address, and sometimes the Social Security Number of the affiant
Detailed legal description of the property, including the address, parcel identification number, and boundary information
An explicit statement claiming ownership of the described property
Information about how and when the property was acquired (purchase, inheritance, gift, etc.)
References to supporting documentation such as deeds, wills, or court orders
Signature of the affiant, executed in front of a notary public
Notarization, including the notary’s stamp, signature, and commission expiration date
Legal Implications and Importance
The legal significance of an affidavit of ownership extends beyond declaring property rights. Since it’s a sworn statement, providing false information constitutes perjury, which can lead to criminal charges.
The document also plays a vital role in property tax administration. County appraisal districts and tax authorities may use ownership affidavits to verify who is responsible for property taxes or when evaluating tax appeals. Ownwell helps clients navigate these situations when addressing property tax concerns.
How To Obtain or Create an Affidavit of Ownership
While standard templates exist, an affidavit of ownership should typically be prepared with professional guidance to ensure it meets all legal requirements.
Consult with a real estate attorney who can draft a customized affidavit.
Work with a title company, especially if the affidavit relates to a real estate transaction.
Gather necessary supporting documentation, including existing deeds, title insurance policies, and purchase agreements.
Before signing, carefully review the document for accuracy, as errors could create future legal complications.
Once prepared, the affidavit must be signed in the presence of a notary public, who will verify your identity, witness your signature, and apply their official seal.
Notary publics are often available at banks or legal offices, typically as a free service if you do business with them. If those are unavailable, dedicated notary agencies also provide the service for a small fee. Check to see if the agency through which you’re applying for the affidavit can provide notary services.
Learn How Ownwell Can Help You
An affidavit of ownership protects property owners by formally establishing their rights to real estate. Understanding when and how to use this document can help you handle complex property matters, from sales and transfers to tax issues and legal property disputes.
By adequately executing an affidavit of ownership, you create an official record that protects your property rights and clarifies your legal standing.
Ownwell helps property owners manage the complexities of real estate ownership, including documentation challenges surrounding your property taxes. When dealing with property tax matters that question ownership or assessment details, our team of experts can guide you through the process.
Contact us today to see how much you could save on your property taxes with our professional assistance!