Generally speaking, a person cannot be removed from a deed without their knowledge and consent. It is possible to remove someone from a deed illegally by recording a new deed with a forged signature. However, such a deed resulting from fraud or forgery is void and can be easily removed by a court.
The only method by which a person ‘s interest in a property can be transferred is through a deed that has been properly executed, acknowledged, and recorded. This is an intentional action by which this owner’s interest is transferred to another party.
If two or more individuals own property together (known as tenants in common), one co-owner cannot remove the other co-owner by executing a new deed. They can only transfer their personal share of interest.
A title search can help prevent someone from being removed from a deed unintentionally. The title company will search all transfers associated with the property in question. This process results in identifying the true owners. All parties who have an interest in the property must be involved in executing the deed, otherwise the property cannot be transferred to the new purchaser. Luckily, title searches are conducted in all home purchase transactions and thus provide a helpful stop-gap.
For instance, if a property is co-owned between spouses, then one spouse cannot transfer their half without obtaining the consent of their spouse.
Can I be removed from a deed without my consent?
No, you cannot be removed from a deed without your express consent. If you hold title to a property and are listed as an owner on your deed, then your interest in the property cannot be transferred to another party without your knowledge.
For instance, even if you co-owned your property with another tenant, they can’t record a new deed and transfer your share of interest without your knowing about it. They could potentially transfer their own share of the property to another party without your consent, but your personal share of interest is protected by law.
There are two exceptions to this. First, someone could potentially attempt to record a new deed through fraud or forgery. Although extremely difficult to do so, even if that person were to succeed, it is an illegal and criminal action. The deed wouldn’t be legitimate, and thus you can easily disprove it in a court of law.
Second, a court order resulting from a foreclosure or partition action lawsuit, could remove you from a deed against your will. However, these actions would not happen without due process and legal representation. In the case of a partition action lawsuit, you may be forced to sell the property but would receive monetary proceeds for your share of the interest. These scenarios can be avoided entirely with your due diligence.
Removing someone from a deed– what you need to know
While you cannot remove someone from a deed without their knowledge or consent, there are a few scenarios in which you still need to remove someone from the deed. Death, divorce, and changes to personal circ*mstances are all common and can result in the need to remove an individual from a house deed.
Removing yourself from a deed is relatively easy. You can simply utilize a quitclaim deed, a deed of conveyance, or an interspousal transfer deed, depending on your situation. Here, you are making the conscious decision to release your interest in a property and transfer that interest to another individual, to the remaining owner(s), or into a Trust, for instance. This cannot be done without your express acknowledgement and consent.
Next is the question of removing someone else from a deed. First, you’ll want to research your state laws regarding changes of ownership and the type of deed that should be used. If the person to be removed is alive, then you will need a court order or their cooperation such that you can record a new deed that removes them. Quitclaim and warranty deeds are common solutions.
If an owner of a property has passed away, you will need to transfer the property to the living owners. They may be already-established co-owners of a property. They could also be the new owners of a property who have inherited it from the deceased through their estate plan, such as through a transfer-on-death deed.
If you are the surviving owner, you will need to visit your local county registrar office and submit:
To remove someone from a deed, follow these general steps:
Determine and discuss property ownership interests
First, have a discussion with co-owners to determine who will be removed from the title and why. You’ll also need to decide to whom any interest will be transferred to, and how the new ownership structure is formed. Based on this information and your agreement, you will select which type of deed you will use.
Obtain a copy of the current deed to determine title
You’ll also want to get a copy of the currently-recorded deed to ensure that the deed information is correct and verify that it includes the name(s) you’d like to remove. You can obtain a copy of the deed through your local county registrar’s office.
Complete, review and sign new deed
Obtain your new deed form, fill it out, review it, and obtain the consent and acknowledgement signatures of all parties involved. Some deed forms can be found online, and you can also obtain them through your local county office.
Record the new deed
The new deed won’t be valid unless you properly file it (record it) with the appropriate office. Office names vary from county to county, but it is typically the registrar’s office, recorder’s office, or county clerk. Be prepared to pay a recording fee.
Request a certified copy
Last but not least, don’t forget to request a certified copy of the deed for your records. The original deed is with the county, but having a certified copy on file can be helpful reference in case any questions or disputes regarding property title come up.
Make sure your estate planning documents are up to date
In short, you cannot remove someone from a deed without their knowledge and express consent. Doing so without their consent can typically only be done through fraud or forgery, which is illegal. Further, an illegally-recorded deed is void and can easily be disputed and set aside by a court. The only other scenario in which someone’s share of interest in a property could be removed against their will is as a result of a court order.
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.
As a final note, house deeds and any desired changes in real estate ownership should be incorporated in your estate plan. If you own property and you were to pass away, stating your desires as to what should happen with your property interest will make life much easier for your loved ones. They will be able to record a new deed in their name without further complications.
You can do so by establishing a Will that conveys your wishes regarding your property interest and how you wish to have it distributed. You can also make certain arrangements such as setting up a transfer-on-death deed (if allowed by your state), or using a conveyance deed to transfer your property into the ownership of a Trust. You might even make the decision to gift your property to a loved one before you pass away. These are all outcomes you can achieve by carefully planning your estate plan.
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FAQs
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.
How much does it cost to remove a name from a deed in PA? ›
REMOVAL OF NAMEs on Pennsylvania Deeds
This service is available any time during the divorce proceeding. The steps to complete this simple $125 name removal process are: Send us a clear copy of the present deed as recorded (do not send the original)
How do I remove my ex spouse from my deed in Texas? ›
The spouse whose name is to be removed from the title will need to sign the deed in front of any notary. This can be done anywhere in the world. The signed and notarized deed will then need to be filed with the county clerk's office in the county where the property is located.
How much does it cost to file a quit claim deed in New York? ›
The fee for filing a New York state quit claim deed is unique to each county. However, as of 2018, the basic fee for filing for a residential or farm property is $125, while the fee to file a quit claim deed for all other properties is $250. These fees are for the statewide RP-5217 form.
How does a quit claim deed work in Ohio? ›
An Ohio quit claim deed is a legal document that transfers whatever interest someone has in a certain piece of real estate to someone else. This type of conveyance is different from the warranty deeds because it comes with no guarantee that the grantor owns the property or that there is a clear title on the property.
How do I remove my name from a property deed in PA? ›
To change, add or remove a name on your deed a new deed needs to be recorded reflecting the change. Many people think they can come into the office and change the present recorded deed with a form, but that is not the case. Once a deed is recorded it cannot be changed.
What does adding someone to the deed mean? ›
“Adding someone to a deed” means transferring ownership to that person. The transfer of ownership can occur during life (with a regular quitclaim deed, for example) or at death (using a lady bird deed, transfer-on-death-deed, or life estate deed).
Can you remove someone from a deed without their knowledge in Texas? ›
Make sure your estate planning documents are up to date
In short, you cannot remove someone from a deed without their knowledge and express consent. Doing so without their consent can typically only be done through fraud or forgery, which is illegal.
Does a quit claim deed transfer title in Texas? ›
Quitclaims do not transfer title. Quitclaims are generally not sufficient in Texas for title companies to insure property title. Title companies may require a warranty or guarantee that the property is free of any liens or encumbrances.
What is a quit claim deed form Texas? ›
What is a Texas Quitclaim Deed Form? A Texas quitclaim deed form is a specific type of deed that releases to a new owner (called the grantee) whatever interest is owned by the person signing the deed (called the grantor). A quitclaim deed provides no warranty of title.
LEGAL FEES - ILLINOIS QUIT CLAIM DEEDS
For this basic service, a quit claim deed attorney will prepare the new quitclaim deed (and Grantor/Grantee Statement if necessary). The fee is $150 (or $160 if paid by credit card).
How much does a quitclaim deed cost in Florida? ›
A quit claim deed should be filed with the clerk of court in the county where the property is located. This will involve taking the deed to the clerk's office and paying the required filing fee (typically about $10 for a one-page quit claim deed).
Are quitclaim deeds legal in NY? ›
Quitclaim deeds in New York
As in other states, a New York quitclaim deed is a type of deed that conveys all of the legal rights to the property that the grantor has. The grantor is the person conveying the property, and the grantee is the person receiving the property.
Is a quit claim deed OK? ›
Quitclaim deeds lack certain protections and promises found in other types of deed to real property. Because of this, they should only be used under certain circ*mstances. These include transferring real estate between close family members, for instance, from a parent to a child.
What are my rights if my name is not on a deed but married in PA? ›
Marital Property
If the wife's name is not on the deed, it doesn't matter. It's still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
Does an attorney have to prepare a deed in Ohio? ›
Attorney Involvement
An attorney licensed to practice law in Ohio must prepare deeds, powers of attorney, and other instruments that are to be recorded.
How do I remove someone from my mortgage? ›
Removing a cosigner or co-borrower from a mortgage almost always requires paying off the loan in full or refinancing by getting a new loan in your own name. Under rare circ*mstances, though, the lender may allow you to take over an existing mortgage from your other signer.
Does a deed have to be recorded in PA? ›
Although a deed does not have to be recorded to be valid, it must be recorded for the following reasons: Provide Constructive Notice: Constructive notice is a public declaration of who the legal owner of a property is. Priority of Recording: Pennsylvania is a race notice state.
What is a quit claim deed in PA? ›
A Pennsylvania quit claim deed is a basic form that allows for the quick transfer of an interest or claim on property from one party to another. This document will define such items as the Consideration Paid, the Grantor, Grantee, and the Property in combination with the required language for this document.
What does it mean if your name is on the deed but not the mortgage? ›
If your name is on the deed but not the mortgage, it means that you are an owner of the home, but are not liable for the mortgage loan and the resulting payments. If you default on the payments, however, the lender can still foreclose on the home, despite that only one spouse is listed on the mortgage.
If you own a house, then you definitely want your name on the deed. A house deed is an important legal document that proves that you are the true legal owner of your house. It gives you certain title rights, such as the right to take out a mortgage, or to buy, sell, rent or transfer the house.
Can my wife be on the title but not the mortgage? ›
Can I have my spouse on the title without them being on the mortgage? Yes, you can put your spouse on the title without putting them on the mortgage. This would mean that they share ownership of the home but aren't legally responsible for making mortgage payments.
How much does it cost to remove someone from a mortgage? ›
If the lender won't change the existing loan, your co-borrower will need to refinance the home into a new mortgage. Does it cost to remove a name from a mortgage? Yes. Refinancing to remove a name requires closing costs, typically ranging from 2% to 5% of the loan balance.
Does a will override a deed in Texas? ›
A will has no effect on a Transfer on Death Deed. For example, suppose that you make a Transfer on Death Deed naming your child as beneficiary and file it in the deed records. Later, you make a will leaving the same property to your spouse.
Do you need a lawyer to transfer a deed in Texas? ›
Transfers of real property must be in writing and notarized. Deeds should be recorded in the county where the property is located. To ensure a legal change to the property title, you'll want the services of an attorney. A qualified attorney will prepare and file the real estate transfer deed.
What are the disadvantages of a quit claim deed? ›
What are the Disadvantages of a Quit Claim Deed? No Protections For The Transaction: Unlike warranty deeds, a quitclaim deeds does not offer protections for the new property owner. There is no way to guarantee that the property is owned free and clear, and that there are no easem*nts or restrictions.
How much is a deed transfer in Texas? ›
The county clerk will charge a recording fee of about $30 to $40, depending on the county. The fee should be paid by a cashier's check or money order. Once a Deed has been recorded by the county clerk, the clerk's office will return the Deed to the new owner.
Does a quitclaim deed in Texas need notarized? ›
Code Section 13.002. Signing - According to Texas Law (Section 11.002(c)), a quitclaim deed must be signed by the Grantor, along with two signing witnesses, or it may be notarized by a Notary Public. Recording - Once the document has been witnessed or notarized, it must be filed with the County Clerk's Office.
How long is a quitclaim deed good for in Texas? ›
There is a four-year statute of limitations for a prior deed to come into the chain of title and take effect.
Can you sell property with a quit claim deed in Texas? ›
There are several types of deeds people use to transfer property in Texas. While all of these deeds are valid in Texas, this doesn't mean real estate attorneys favor them. In fact, while quitclaim deeds are valid, they're not often used in Texas because they're barely considered deeds at all.
However, Texas does have certain requirements in order for a deed to be deemed valid. For example, the parties should be named, the intent to convey property must be clear from the wording, the property must be sufficiently described, and the deed must be signed and acknowledged by the grantor.
Am I entitled to my husband's property if he dies and my name isn't on the deed in Illinois? ›
Illinois is not a community property state, so the marital property laws do not apply when a spouse dies (only for divorce). Each spouse is considered to own the assets that are titled in his or her name.
Does a spouse have the right to property after signing a quit claim deed in Illinois? ›
Using a quitclaim deed is a quick way to transfer the property. If you're the spouse receiving the property, once you remove your ex's name and the property is transferred to you by quitclaim deed, you own all of it.
How do I fill out a quit claim deed in Illinois? ›
To write an Illinois quitclaim deed, you need to provide the following information:
- Name and address of the preparer.
- Name and address of the party that will receive the tax notices.
- Amount of consideration given for the property.
- Grantor's (person selling or gifting the property) name, marital status, and address.
What is the Florida Lady Bird deed? A Florida Lady Bird deed, formally known as an Enhanced Life Estate Deed, is designed to allow property owners in Florida to transfer property to others automatically upon their death while maintaining use, control and ownership while alive.
What is the difference between a grantor and a grantee? ›
In real estate, a grantee is the recipient of the property, and the grantor is a person that transfers ownership rights of a property to another person. However, the specifics of their transaction may vary depending on the situation. The official documents they use, such as a deed, detail their obligations.
Do I need a lawyer to do a quitclaim deed in Florida? ›
Cost of a Quitclaim Deed in Florida
You do not have to be an attorney to prepare a Florida quit claim deed. Absent attorney fees, your costs would only be the recording fees that the county comptroller charges and transfer fees if the property is mortgaged.
What are my rights if my name is not on a deed in NY? ›
In single name cases (as opposed to situations where both owners' names are on the deeds) the starting point is that the 'non-owner' (the party whose name is not on the deeds) has no rights over the property. They must therefore establish what is called in law a “beneficial interest”.
Does a deed have to be recorded to be valid in NYS? ›
Q: Is it required in New York for a deed to be recorded in order it should be valid? A: An unrecorded deed is valid between the parties in it, but third parties are not bound, and any recording done before the deed is recorded has priority.
Do you have to record a deed in NY? ›
A New York deed must be filed with a Real Property Transfer Report (Form RP-5217). Form RP-5217 documents the details of the real estate transfer. The current owner and new owner must both sign the completed form.
In fact, taxes may be due on a quit claim deed even when the property is transferred between spouses. With such transfers, if the property is mortgaged, then tax is generally due on half of the outstanding balance.
Can I prepare my own quit claim deed in Florida? ›
In Florida, you can make a quitclaim deed or hire someone like a lawyer to do it for you. However, ensuring the deed is prepared correctly and adheres to legal requirements is crucial. Preparing a quitclaim deed involves understanding the legal rules for deeds in Florida and how to file them with the county.
Which of the following is not required for a deed to be valid? ›
Which of the following is not required for a deed to be valid? Signature of the grantee.
What happens if my husband dies and the house is in his name? ›
If the house is titled solely in the name of the decedent spouse, then the decedent's estate will be responsible for paying off the mortgage on the house. This will take place before passing the property to the beneficiary named in the decedent's will or to the decedent's heirs, if the decedent spouse had no will.
Does it matter whose name is on the house? ›
Who's going to get the house? Well, it's kind of a trick question because it doesn't matter. It doesn't matter whose name is on the deed or whose name is on the mortgage. Nine times out of 10 what matters is when the house was purchased and with what type of funds it was purchased.
Should a house be in both spouses names? ›
While each mortgage situation is different, often times it makes more sense to have both names because it allows for two income streams, which ultimately helps you qualify for your loan amount. With that being said, there are some loan products that make more sense to only have one person on the loan.
How much does it cost to transfer a deed in PA? ›
The PA deed transfer tax is generally about 2% of the final sales price, which consists of two different sets of fees: The state of Pennsylvania charges 1% of the sales price. The locality charges a second fee usually totaling about 1%, which is split between the municipality and school district.
How do I transfer a deed after death in PA? ›
- Pennsylvania does not allow transfer-on-death deeds for real estate or vehicles. ...
- An estate can petition for a direct Orphans' Court approval and avoid the probate process altogether. ...
- People have various misconceptions about Pennsylvania inheritance laws.
To add, remove, or change a name on a deed, have a lawyer, title company, or other real estate professional prepare the deed. Then, record the new deed with the Department of Records. Note: We recommend that you do not prepare a deed on your own.
How much does it cost to change a deed in Pennsylvania? ›
The PA deed transfer tax is generally about 2% of the final sales price, which consists of two different sets of fees: The state of Pennsylvania charges 1% of the sales price. The locality charges a second fee usually totaling about 1%, which is split between the municipality and school district.
How do I change, add or delete a name on a deed? This can only be done by recording a new deed showing the change. Many people think they can come to our office and change the present deed on record. However, once a document or deed is recorded, it cannot be altered or changed in any way.
Is transfer of deed legal in PA? ›
In Pennsylvania, deed transfers must be recorded in the county where the property is located. Each county has their own deed transfer process and recording fee.
How do I file a quit claim deed in PA? ›
Checklist: Preparing and Recording Your Quitclaim Deed
- Fill in the deed form.
- Print it out.
- Have the grantor(s) and grantee(s) sign and get the signature(s) notarized.
- Fill out a Statement of Value form, if necessary.
- Get the Uniform Parcel Number (UPI) on the deed certified, if required by your county.
In Pennsylvania, property owned with rights of survivorship is called “joint tenancy with rights of survivorship”. In Pennsylvania, when the only joint owners are husband and wife, this type of ownership is known as “tenancy by the entireties”.
Do you have to pay a transfer tax with a quit claim deed in PA? ›
Under Pennsylvania law, a quitclaim deed must contain specific language and be signed by the grantor. To record the deed, the grantor's signature must be acknowledged. Before recording the deed, you will need to pay a recording fee and a transfer tax.
Are quitclaim deeds valid in PA? ›
Pennsylvania law uses the name quitclaim deed for deeds that transfer the current owner's interest in property with no warranty. The term may also be written as quit claim deed or as quit-claim deed—both of which are acceptable.
How long do you have to transfer property after death in PA? ›
There is no specific deadline for filing probate after someone dies in Pennsylvania. However, the law does require that within three months of the death, creditors, heirs, and beneficiaries are notified of the death. There is no specific deadline for filing probate after someone dies in Pennsylvania.
Does PA have a transfer on death deed? ›
Pennsylvania does not allow transfer-on-death deeds for real estate or vehicles. However, the state does allow registered stocks and bonds to be transferred on death.
What if my husband dies and the house is in his name? ›
If the house is titled solely in the name of the decedent spouse, then the decedent's estate will be responsible for paying off the mortgage on the house. This will take place before passing the property to the beneficiary named in the decedent's will or to the decedent's heirs, if the decedent spouse had no will.
Can my spouse sell our house without my consent in Pennsylvania? ›
Yes, the court has the authority to force you to sell your home. If one spouse is not able to buy out the other spouse's interest in the house or the parties cannot agree on a value of the house, the only fair and simple way to split the equity is to sell it.
