Can I Take Another Person Off My Deed Without Telling Them?

The question of the day is: I need to take someone off my house deed. Can I do it without calling anyone’s attention to this?

Spoiler alert: No.

Nor can one owner create a new deed that doesn’t include the other co-owner in order to extinguish that other person’s ownership.

No one gives up their interest in their home unless they agree or are ordered by a court to do so. That’s a matter of basic legal property rights.

The only exception is when undue pressure or fraud is involved. So…steer clear of serious legal trouble. Improper removal of a person from a property deed is likely to result in a quiet title action to restore the interest to its rightful owner. It could also result in fraud charges.

OK, But What If I Brought My Co-Owner Onto My Deed in the First Place?

Still no. When you brought in a co-owner, you gave them the same bundle of rights you hold.

Therefore, there’s no way to take back what you conveyed without your co-owner’s consent.

Even if you are tenants in common, and you own the larger ownership percentage, that does not give you a right to take back the other share — no matter how small it is compared to yours.

How Do I Make My Divorced Ex Let Go of the Deed?

In most jurisdictions, the spouse who is leaving the home signs over a quitclaim deed to the spouse who has been awarded the home.

The quitclaim deed releases one partner’s property interest into the control of the other partner. But this does not release the former owner’s responsibility for the mortgage.

Look to the divorce decree or settlement papers for instructions on the ownership change. If your ex won’t budge, have the divorce court step in. Notify the court that the other party has refused to quitclaim the home. You’ll then need to take the unsigned deed to court.

The court can either convey the home deed to you by court order, or hold your ex in contempt of court (with possible jail time) until your ex properly quitclaims the interest.

After you’ve both finally signed the quitclaim with the notary, record it in the home’s county as notice to the world.

Someone Took Me Off a Deed Behind My Back. What Now?

Another person may not simply remove your name from a deed without your knowledge and consent. So first, check to make sure a quitclaim deed really was signed and  recorded in the county without your consent. Your county recorder’s office would have the document on file. Get a copy.

Take the copy of the deed to an experienced attorney in your state. The attorney can tell you the best way to proceed, depending on how your name was removed.

A deed is presumed valid. But if someone forged your signature on a deed transfer, or some type of coercion or fraud was in play, remember, a quiet title action could be necessary to fix the problem. To prove it was forged or otherwise wrongly taken, a court will need to examine the evidence and come to a legally binding decision.

The key is to hire legal counsel quickly. Then go from there, with situation-specific legal guidance.

The longer you wait before acting, the more likely it becomes that the home will be resold — further complicating your situation, and impacting still more people.

What If We Actually Agree to Take One of Us Off the Deed?

That’s good. Then you will simply create a deed to release and transfer that owner’s property interest.

In other words, “taking off” a name doesn’t actually happen. One person deeds their interest to the other, creating a new deed to do it.

Both of you should sign the new deed. The one who is releasing their full interest (being careful not to just quitclaim “half” the property) is the grantor. The one who keeps the home is the grantee.

If you’re divorcing, the deed must refer to and/or be recorded with the divorce agreement or court order. Follow your divorce attorney’s guidance.

What If the Co-owner Is Erroneously Named on the Deed?

There are legitimate cases where someone’s claim constitutes a title defect. If you can show that someone is on the title who shouldn’t be, a court can resolve the matter.

In such situations a quiet title action is the right legal remedy to pursue.

You’ll need the assistance of an experienced attorney in your state to help you navigate this time-consuming process. But in the end, a court in a legitimate quiet title action will legally and permanently clear the rightful owner’s chain of title.

A properly cleared title will enable the rightful owner to finance or sell property.

What If My Co-Owner Died?

One of two things now happen. If the deed you held together states that you vested your property with rights of survivorship, then you will present the death certificate and other required documents to the county clerk and record a new deed that no longer includes the late co-owner’s name.

Read more about taking a deceased co-owner’s name off a deed.  

If there are no rights of survivorship, the late co-owner’s ownership interest is now in their estate. Under the probate court’s supervision, and with a court-issued deed, it will be reconveyed to the heirs — which might or might not be you. Check your late co-owner’s will.

If the late co-owner wrote a will, there will be a named executor, who transfers the interest using an executor’s deed. Otherwise, the court will name an administrator as the personal representative. In this case, the interest will be conveyed through an administrator’s deed.

File the deed in the county. Whether it’s an administrator’s or executor’s deed, it’s backed by the weight of the probate court. The county deed recorder will place it into the public record, making the new ownership status clear and official.

PS: Be sure you know what happens if you don’t write your wills.

A Few Parting Words to the Wise

Only use the type of deed that is recognized in your state. Follow the court’s directions or the settlement agreement with care. And always file a quitclaim deed or court-issued deed with the local county recorder’s office. This updates the public record with the home’s new ownership status.

Please take note: Our articles offer general points about proper deed handling, and not legal advice. Case-specific legal guidance can only be given by your divorce (or real estate) lawyer. So, to protect your rights, speak with an attorney licensed in your state.

And remember: Only with knowledge and consent, or in furtherance of a court order, can a living co-owner come off a real estate deed.