Remove someones name from deed without signing?

[wonderd]

Hello all. The deed to my parents house has 3 people on it. My father, mother and sister. My parents would like her name removed from the deed (she hasn't lived in the house for over 10 years, or paid any taxes) but she will not sign off of it.

Is there a way have her name removed from the deed without having her sign the papers? If so what would be involved?

 

[justalayman]

Your parents are out of luck unless sis agrees. You cannot take her property without her permission

 

[Just Blue]

Hello all. The deed to my parents house has 3 people on it. My father, mother and sister. My parents would like her name removed from the deed (she hasn't lived in the house for over 10 years, or paid any taxes) but she will not sign off of it.

Is there a way have her name removed from the deed without having her sign the papers? If so what would be involved?

US Law Only. Please name your state.

 

[wonderd]

There is not a way to do this in court?

 

[Isis1]

There is not a way to do this in court?

they'll need an attorney.

it is possible for them to sue her for their equity portion of the home and she might settle on being bought out instead.

have they offered to buy her portion out in exchange for a quit claim deed?

is there an active mortgage?

 

[Just Blue]

There is not a way to do this in court?

Sigh...

US Law Only.

 

[latigo]

Hello all. The deed to my parents house has 3 people on it. My father, mother and sister. My parents would like her name removed from the deed (she hasn't lived in the house for over 10 years, or paid any taxes) but she will not sign off of it.

Is there a way have her name removed from the deed without having her sign the papers? If so what would be involved?

If you are asking whether or not your parents can arbitrarily remove their daughters name from the county records as a co-owner of the subject property so that they become the sole owners, the answers is NO!

No more that she could become the sole record owner without their written consent.

But someone needs to give you a lesson in basic civics so that you better understand how the ownership of real property is successively transferred from one owner to the next and how the instruments of transfer (deeds) are recorded to reflect the chain of ownership and become a permanent, unalterable public record.

There are however legal means by which your parents can compel the daughter to contribute her proportionate share of the taxes and other costs associated with ownership of the property. And they could obtain a judgment for her share and levy execution against her interest in the property.

If interested, they should consult with their attorney.

 

[justalayman]

sis1;3295326]they'll need an attorney.

it is possible for them to sue her for their equity portion of the home and she might settle on being bought out instead.

really? How would a court do that? Do you really think the court can force one party to sell to the other?

 

[LdiJ]

For some reason I couldn't quote Justalayman's post (although I could quote others...very odd) anyway, I don't think that the poster he was quoting was suggesting that a judge could order that someone sell their share to another party. I think that the poster was suggestion that a partition suit be filed and perhaps the sister would "settle" the case by agreeing to sell her share.

 

[FlyingRon]

For some reason I couldn't quote Justalayman's post (although I could quote others...very odd) anyway, I don't think that the poster he was quoting was suggesting that a judge could order that someone sell their share to another party. I think that the poster was suggestion that a partition suit be filed and perhaps the sister would "settle" the case by agreeing to sell her share.

There's a stray ] in the quote in Justalayman's post that most likely hoses up your attempt to requote it. vB is not particularly robust with bogus bbcode inserted.

 

[justalayman]

There's a stray ] in the quote in Justalayman's post that most likely hoses up your attempt to requote it. vB is not particularly robust with bogus bbcode inserted.

Shhh. I want people to think I have special privileges.


The reason I did not read isis' post as suggesting a partition action was because she suggested the parents sue the sister for their share of the equity. That is not how a partition action works. You sue to ask the court to partition the asset. If it cannot be physically divided the asset is auctioned and the proceeds divided as the shares of ownership interest direct.

The involved parties can bid on the property as well. If the are the winning bidder they pay the court the amount pledged along with any required fees charged. The court then takes that money and pays all the involved costs (court costs plus the cost of the auction and auctioneer) and divides the remainder among the parties as required.