Small Business

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Intellectual Property

 August 24, 2022

Can You be Removed from a Deed Without Consent?

Quitclaim Deed laying on desk next to eyeglasses and a coffee cup

Can you remove someone from a deed? The general answer is yes—but you need the person’s permission. However, there are certain situations where you can remove someone from a deed without their authorization.

Whether you have the person’s consent or not, you should consult with a lawyer who can help you with the process. With that in mind, you can work with a lawyer at one of LegalShield’s provider law firms for as little as $1 a day, a fraction of what such services usually cost.

But first, let’s dive into the reasons why you might want to remove a name from a deed.

Reasons why you’d remove someone from a deed

There are a few common reasons why you might want to remove a name from a deed.

1. Divorce

If your spouse is now your former spouse, it’s understandable why you’d want to remove them from a property deed. In such situations, getting a quitclaim deed could be a good solution. It’s a document that essentially says that you have the right to transfer property, but it has no guarantee that someone else won’t claim to own it, so it doesn’t offer a huge amount of protection in that there are no guarantees about the property title. But it’s a very popular deed in estate planning and for transactions that don’t involve money.

Note, quitclaims don’t allow for splitting the property or appreciation, they just convey the property to one of the partners. Also, a quitclaim deed doesn’t have the effect of removing a former partner from liability for a mortgage.

2. Death

If your name is on a deed and the other joint tenant has died, then in some states you can transfer the property from the deceased to the living owners by submitting a death certificate, a notarized affidavit, and a notarized new deed to your state’s court/registrar.

3. Inheritance

If you inherited, or co-inherited, a property, and the other people on the deed don’t want to sell the property, you could start a partition action, if you meet the legal requirements within the state’s laws. A partition action is a legal process where a court can either orders the sale of the property and divides the proceeds among all co-owners or divides the property among all co-owners. Again, this is a court action, so it takes time and can become expensive.

Get a quitclaim deed

As noted above, to remove someone’s name from a deed, a quitclaim deed may do the trick. There are a few things to remember when it comes to a quitclaim deed:

Copy property information from the current deed

Get a copy of the current deed. Getting a copy of your deed to confirm that it includes the name of the person you want to remove, is a good idea. To do this, often times you can contact the county clerk’s office in your state and do a title search.

Completing a quitclaim deed in its entirety

Make sure to include the property’s parcel number and describe the property.

Sign the quitclaim deed

Sign the quitclaim deed and have it notarized, because it’s an official, legal record. If it’s not notarized, it’s not a valid quitclaim deed.

File the quitclaim deed

To finalize the quitclaim deed, it has to be filed with the appropriate authority according to your state’s laws and in some states, this involves paying a fee. You will also want to get a certified copy for your own records.

LegalShield can help

Removing someone from a deed without their consent isn’t something most people deal with often. That’s why hiring an experienced lawyer is recommended. LegalShield has hundreds of lawyers who can advise you on issues related to deeds and so much more. We’re here to give you the legal help that you need, so reach out today—we’d love to hear from you.

Pre-Paid Legal Services, Inc. (“PPLSI”) provides access to legal services offered by a network of provider law firms to PPLSI members through membership-based participation. Neither PPLSI nor its officers, employees or sales associates directly or indirectly provide legal services, representation, or advice. The information available in this blog is meant to provide general information and is not intended to provide legal advice, render an opinion, or provide any specific recommendations. The blog post is not a substitute for competent legal counsel from a licensed professional lawyer in the state or province where your legal issues exist, and the reader is strongly encouraged to seek legal counsel for your specific legal matter. Information contained in the blog may be provided by authors who could be a third-party paid contributor. All information by authors is accepted in good faith, however, PPLSI makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of such information.

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