Can You Remove Someone From A Deed Without Their Knowledge?

Can you remove someone from a deed without their knowledge?

In this article, you’ll learn about:

can you remove someone from a deed without their knowledge
how to remove a name from a deed
what are the legal implications
how much does it cost to remove a name from a deed
how to force someone off a deed
removing a deceased person’s name from the deed
involuntary deed removal (when they don’t agree to it)

Let’s dig in.

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Can You Remove Someone From A Deed Without Their Knowledge?

No, you cannot take someone off a deed without their knowledge.

A deed is a legal paper that shows who owns a property.

(i.e., if your name is on the deed, you own the property.)

When you co-own a property, everyone has to sign off on decisions.

Meaning that they have to agree to you removing them from the deed.

And all the people on the deed have to sign it to remove someone.

Anyone on the deed has to know about any changes before you can take them off.

Why People Change Names On The Deed Of A House

Here are some reasons why people may want to change names on the deed of a house:

Marriage. When people get married, they may want to add their spouse’s name to the deed of their home. They can do this either as joint tenants or tenants in the entirety. This can help to ensure that both parties have legal ownership of the property in the event of divorce or death.
Divorce. When couples get divorced, one party may want to remove their ex-spouse’s name from the deed to the property they owned together.
Inheritance. When someone inherits a property, they may want to change the name on the deed to reflect their ownership of the property.
Trusts and Estate Planning. People who have set up trusts or who are engaged in estate planning may want to change names on the deed of a house. This ensures that it is properly distributed to their beneficiaries after their death.
Business Purposes. People may want to transfer ownership of a property to a business entity, such as an LLC or a corporation.
Co-Ownership. People that co-own may want the names on the deed to reflect their ownership percentages.
Personal Reasons. Finally, some people may want to change names on the deed. This could be if they want to add or remove a family member from the deed. Or if they want to simplify their affairs.

How Much Does It Cost To Remove A Name From A Deed?

The cost to remove a name from a deed depends on:

if all parties are willing to remove a name from a deed
if anyone is refusing to sign

Let’s say everyone is willing to sign to remove someone from a deed.

Here are some common things you’ll need when all parties agree:

a quit claim deed: $350 – $750
a warranty claim deed: $350 – $750
a buyout agreement: $500 – $1,000

When all parties agree, the cost to remove a name from a deed is ~$1,000 – $2,000.

Here are some common things you’ll need when all parties don’t agree:

a quit claim deed: $350 – $750
a buyout agreement: $500 – $1,000
a partition action: $10,000+
a court order: $10,000+

When all parties don’t agree, the cost to remove a name from a deed is ~$10,000 – $20,000.

How To Remove A Name From A Deed

Let’s talk about how to remove a name from a deed.

The process may vary depending on your situation.

But here are some general guidelines:

Review the deed. Start by reviewing the deed to the property. You need to make sure that the person you want to remove is actually listed on the deed. You may need to get a copy of the deed from the county recorder’s office or the office of the registrar of deeds.
Determine the reason for removal. Identify the reason for wanting to remove the person’s name from the deed. This will help you determine the steps to take and the legal implications of the change.
Contact an attorney. Consult with an attorney who specializes in real estate law. You’ll want to discuss your options for removing someone’s name. And they will ensure that you are complying with all applicable laws and regulations.
Negotiate with the other party. Try to negotiate with the person you want to remove from the deed. This is to see if they are willing to sign an agreement to voluntarily remove themselves. This agreement should be in writing, signed by all parties involved, and notarized to be legally binding.
File a quitclaim deed. Let’s say the other party is willing to remove themselves. You can file a quitclaim deed with the county recorder’s office or the office of the registrar of deeds. This will remove their name from the deed.
File a quiet title action. Let’s say the other party is not willing to remove themselves. You may need to file a quiet title action with the court to have their name removed from the deed. This involves filing a petition with the court. You’ll need to prove that the other person has no legal or beneficial interest in the property.
Update other documents. Once the name has been removed from the deed, make sure to update other important documents. This includes things like the mortgage or insurance policy. It should reflect the change in ownership.

Removing someone from a deed can be a complex legal process.

It’s important to:

consult with an attorney
follow all applicable laws and regulations

There Are Two Names On The Deed, But One Person Dies

What should you do when:

two people are listed as owners on a property deed
one of them dies

There are several things that need to happen.

The specific steps will depend on a few factors, such as:

the type of ownership
the state where the property is located
whether the deceased person left a will or not

Here are some general guidelines:

Determine the Type of Ownership. The types of ownership are joint tenancy with rights of survivorship, tenancy by the entirety, or tenancy in common. Let’s say the property is owned as joint tenancy with rights of survivorship or tenancy by the entirety. The surviving owner automatically inherits the deceased owner’s share of the property. In this case, the property will not go through probate. Let’s say the ownership is in a tenancy in common. The deceased owner’s share will pass according to their will or state law.
Check for a Will. Let’s say the deceased owner left a will. The property will get distributed according to the instructions in the will. The executor can transfer the deceased owner’s share to their heirs or beneficiaries.
Probate: If the deceased owner did not have a will, the property will go through probate. The court will appoint an administrator to manage the estate. They will distribute the deceased owner’s assets according to state law. The surviving owner will usually retain their ownership share. And the deceased owner’s share will get distributed to their heirs or beneficiaries.
Change the Deed. Once the ownership is settled, the surviving owner should update the deed. This is to reflect their new ownership status. This may involve filing a new deed with the county recorder’s office or land registry. You can file a quit claim deed for this.

How Do You Remove A Deceased Person From A Deed?

Let’s talk about how to remove a deceased person from the deed.

Here are the general steps to follow:

Get a copy of the death certificate. You’ll need a certified copy of the deceased person’s death certificate. This will be the proof of their passing.
Determine the ownership structure. Let’s say the deceased person owned the property jointly with someone else. Their ownership interest may automatically transfer to the surviving owner. In this case, no legal action is necessary.
Review the deed. Check the deed to see how the property is titled. Let’s say the deceased person owned the property solely in their name. You’ll need to start a probate proceeding to transfer ownership to their heirs.
File the necessary documents. Let’s say probate is necessary. You should file the appropriate documents with the probate court. This will transfer the deceased person’s interest in the property to their heirs or beneficiaries. You may need to file an affidavit of heirship, a small estate affidavit, or a petition for probate. All those options depend on the specific circumstances.
Record the transfer of ownership. Once the probate court has approved the transfer of ownership, record the new deed to update the property records.

I’m Divorced, But My Name Is Still On The Deed

Let’s say you got divorced but your name is still on the deed to a property.

It can create some complications and potential legal issues.

Divorce decrees only address the division of marital property.

These are assets and debts that got acquired during the marriage.

Let’s say the property got acquired during the marriage.

The property should have gotten divided in the divorce.

But, what if the property:

was acquired before the marriage
was inherited by one spouse during the marriage

Then it may not have gotten addressed in the divorce decree.

In this case, your name may still be on the deed.

If your name is still on the deed, there are some consequences to consider.

For example, let’s say your ex-spouse fails to:

pay property taxes (you’ll have a property tax lien)
maintain the property (city ordinance violations)

You may get held responsible since your name is still on the deed.

Also, let’s say your ex-spouse decides to sell the property.

Your signature may be required to complete the sale.

You will likely need to work with an attorney to remove your name from a deed.

This may involve negotiating with your ex-spouse to:

buy out your share of the property
transfer ownership to them through a quitclaim deed

A court order may be necessary to remove your name from the deed.

My Ex Refuses To Sign Quit Claim Deed

A quit claim deed transfers your ex’s ownership interest in a property to you.

What should you do if your ex-partner refuses to sign a quitclaim deed?

There are a few steps you can take:

Communicate. (Like you haven’t tried this yet.) Try to talk to your ex-partner and find out why they are refusing to sign the quitclaim deed. Try to resolve concerns or issues through discussion and negotiation.
Seek Legal Advice. Consider consulting with a real estate attorney to understand your legal options. They can help you navigate the process of obtaining a quitclaim deed. This process may include taking legal action.
Court Order. If your ex-partner continues to refuse to sign the quitclaim deed, you may need to get a court order. This can be done through a legal action known as a quiet title lawsuit. This can force the transfer of ownership interest.
Offer Incentives. Consider offering an incentive to your ex-partner to sign the quitclaim deed. This could be paying them a sum of money. Or releasing them from any outstanding debts or obligations related to the property.

How To Force Someone Off A Deed

Forcing someone off a deed can be a complicated legal process.

And it may not always be possible to do so.

But, here are some general steps that may be taken:

Review the Deed. First, review the deed to determine how the property is titled. Let’s say the property is held as “joint tenants with rights of survivorship.” It may be more difficult to remove the other person from the deed.
Communicate with the other party. Try to communicate with the other party and discuss the reasons why you want them removed from the deed. Let’s say the other party is willing to agree to get removed. You may be able to execute a new deed transferring ownership solely to you.
Mediation or negotiation. If they are unwilling to agree to be removed, you may consider hiring a mediator or negotiating with them.
Legal action. If all else fails, you may need to take legal action to force someone off a deed. This involves filing a lawsuit and obtaining a court order. Grounds for removal may include fraud, undue influence, or breach of a contract or agreement.

FAQs About Removing Someone From A Deed

These are FAQs about removing someone from a deed.

Can You Remove A Spouse From A Deed?

Yes, you can remove a spouse from a deed via:

a quitclaim deed
a divorce
a partition action

If My Name Is On The Deed, Do I Own The Property?

Yes, if your name is on the deed, it means that you own the property.

The deed transfers ownership of real estate from one party to another.

And it serves as proof of ownership for you.

Get Help Removing Someone From A Deed

If you need to remove someone from a deed, fill out the form on this page.

Our real estate attorneys have the experience you need to protect your rights to your property.

This way, you don’t:

wrongfully lose your property
illegally get forced off a deed
spend thousands in legal fees

We can provide you with that.

Talk soon.

Get A FREE Consultation!

We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

Can You Remove Someone From A Deed Without Their Knowledge?

Table of Contents

The Hive Law Has Been Featured In

Get A FREE Consultation!

Can You Remove Someone From A Deed Without Their Knowledge?

Why People Change Names On The Deed Of A House

How Much Does It Cost To Remove A Name From A Deed?

How To Remove A Name From A Deed

There Are Two Names On The Deed, But One Person Dies

How Do You Remove A Deceased Person From A Deed?

I’m Divorced, But My Name Is Still On The Deed

My Ex Refuses To Sign Quit Claim Deed

How To Force Someone Off A Deed

FAQs About Removing Someone From A Deed

Can You Remove A Spouse From A Deed?

If My Name Is On The Deed, Do I Own The Property?

Get Help Removing Someone From A Deed

Get A FREE Consultation!

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