Can someone be taken out of a deed? In general, the answer is yes, but you need the other
person's consent. However, there are specific circumstances in which you can eliminate someone from a deed without their consent.
Regardless of whether you have the subject's consent, you should speak with a lawyer who can guide you through the procedure. Let's first explore the reasons why you might desire to have a name struck off of a deed.
The Justifications for Dropping Someone from a Deed
There are a number of typical justifications for wanting to have a name struck from a deed.
It makes sense that you would want to strike your spouse's name from a property deed if they are currently your ex-spouse. Obtaining a quitclaim deed could be a wise decision in certain circumstances. It is a document that simply states that you have the right to transfer property, but it does not provide a significant level of protection because there is no assurance that someone else won't assert ownership of the property. However, it's a highly well-liked deed for non-financial transactions and estate planning.
Note that quitclaims merely transfer ownership of the property to one of the partners; they do not permit property division or appreciation. A quitclaim document also has no effect on releasing a former spouse from mortgage debt.
In some states, if your name is on a deed and another joint tenant has passed away, you can transfer ownership of the property from the deceased to the living owners by delivering a death certificate, a notarized affidavit, and a new deed that has been notarized to the court or registrar in your state.
If the other parties listed on the deed of a property, you inherited or co-inherited don't want to sell it, and you meet the legal standards set forth by the state's laws, you may be able to initiate a partition action. A partition action is a court-ordered procedure wherein the court can either split the property equally among all co-owners or order the sale of the property and the distribution of the sale proceeds among all co-owners. Again, since this is a legal proceeding, it takes time and can get pricey.
Purchase a quitclaim deed.
As mentioned above, a quitclaim deed may be used to have someone's name removed from a deed. When it comes to a quitclaim deed, there are a few factors to keep in mind:
Copy the property details from the most recent deed.
The most recent deed can be obtained. It's a good idea to obtain a copy of your deed to make sure the name of the individual you wish to have removed is listed there. You may frequently conduct a title search for this by getting in touch with the county clerk's office in your state.
The full execution of a quitclaim deed
Include a description of the property along with the parcel number.
Complete the quitclaim document
The quitclaim deed must be signed and notarized because it is an official document. A quitclaim deed is not legal until it has been notarized.
Submit the quitclaim document
According to your state's legislation, the quitclaim deed must be submitted with the right government in order to be finalized, and in some places, this entails paying a charge. Additionally, you should obtain a certified duplicate for your personal records.