Why can't I change my Deed?

Published on May 15, 2024

by Hon. Eugenia Thornton, Kent County Recorder of Deeds

“Please change my Deed” is the most frequent request received in the Recorder of Deeds office.

Many incorrectly assume they can stop by our office and fill out a form to update a Deed after a life change event such as a name change, divorce, mutual agreement, or death.

Deeds are legal documents that cannot be updated, amended, or erased. The only way to “change” a Deed is to record a new one. Once recorded, Deeds remain in the “chain of title” forever.

Our electronic, searchable database uslandrecords.com has records dating back to 1874. Books in our office go back to 1646. Unless there is a court judgement, all property records remain as they were originally recorded.

Property is most often acquired by buying it or inheriting it.

If you buy property:

• a Delaware attorney must be involved in transfer of title to Delaware realty or where Delaware realty is used as security, such as when there is a mortgage.
• There is an exception for home equity loans under certain circumstances, though we recommend a Delaware attorney be involved for best practice.

If you inherit property:

• Many people incorrectly assume that a new deed is created when property is inherited.
• Instead, the new owner is updated on county tax records via probate filings with the Register of Wills.

We recommend you consult a Delaware attorney when you want to:

• Update title due to a life event (e.g., name change, divorce, mutual agreement, death).
• Transfer title to realty via sale, purchase, gift, etc.
• Obtain a Deed for inherited property.

Please call 302 744 2321 or email recorder@kentcountyde.gov and ask for our factsheet “Why Can’t I Change my Deed?” for more information.