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How do I remove someone from the title to my property?

How do i remove someone from property title

How Do I Remove Someone From Title?

Situations can arise where the ownership interest in your property changes from the way it was originally acquired. Whether it is due to death, divorce, a parting of ways or the requirements of a new lender it sometimes becomes necessary to remove someone’s name from the title to a property. This is usually accomplished by the party exiting title executing a deed of conveyance in favor of the party or parties that will remain in title. Clearing the interest of deceased parties is an entirely different matter altogether and will not be addressed here.

In cases of divorce, the best way to clearly show which party was awarded the property would be for the party not awarded it to execute a quit claim deed in favor of the party that it was awarded to. Many times the terms of the decree of dissolution and/or settlement agreement in the divorce case don’t properly identify real estate holdings and it can be difficult to determine “who got what”.

If title is held by two or more parties as tenants–in-common and one of them decides to sell or otherwise relinquish their interest they would execute a deed of conveyance (typically a statutory warranty deed or in some cases a quit claim deed) to the recipient(s) of their interest.

Sometimes a party in title does not qualify for a loan and if the lender agrees to make the loan to the other title holder(s) a deed of conveyance (typically a quit claim deed) will be executed by the non-borrower to the borrowing party in title to the property.

You should always consult with an attorney before signing any legal documents. You should also consult with Excise Tax Dept. personnel at the local county recorder’s office to help you determine if excise (i.e. conveyance or transfer) tax will be due when the deed is presented for recording.

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4 Comments

  1. Pingback: How do I remove someone from the title to my property? -Seattle Homes-Real Estate Homes-Search Homes-Http://www.ThachRealEstateGroup.com — Seattle Real Estate-Seattle Homes For Sale

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  3. Pingback: Real Estate Tip: How do I remove someone from the title to my property? -Seattle Homes-Real Estate in Seattle-Listing-Http://www.ThachRealEstateGroup.com — Seattle Real Estate-Seattle Homes For Sale

  4. The problem is is when a person gets their name on the title by fraud, deciet, lying , failing to disclose, then how do you get that party removed as a title and deed holder. My brother sold my house to my mother, she got a boyfriend who went to see an attorney made two attempts to have the title be in his name only, then turned aroudn and finally had my mom added to the deed. He lied to my mom and told her she didn’t need to see the attorney handling the title /deed adn she didn’t need to sign anything. He told my brother the she owed a bunch of money to IRS and others adn that he couldn’t put it just in her name else those people would take the property which was a ball faced lie to my brother in order for him to have his name on the title and deed. Now the man has gone and wiped out all of her checking account money and left her broke and kicked her out of the house my brother gave her to assure she would never be homeless to be living with me and no court or attorneys are helping just giving us a run around like my mom was stupid and sayint that it was a common law civil issue when its theft by fraud and deciet. Why does the legal people don’t follow the iowa code presented adn stated well this falls under a different kind of theft. Theft is theft people and this person took control of all money and property and in the end has all her properyt in his naem, took over 60 thousand and we cant do anyting??

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