Need someone's name off deed

[Beechstreetdiva]

What is the name of your state (only U.S. law)? Maine
We had added our daughter and son in law to the deed of a home that we were to share. They ended up getting divorced and she took up with a guy we did not want to be a part of our property. Our ex son in law voluntarily removed his name from the deed, but after a lengthy and expensive legal action with trial, she was ordered to take her name off the deed. She didn't do it and moved out of state with her boyfriend, so our lawyer went to the court and had it removed. We are now hoping to sell the home, but both names (daughter and ex son in law) are still on the deed. My husband brought the court order to the court house, but they said they can't do anything, and we will have to send her a letter. This was a really negative ordeal that happened to our family and she hasn't spoken to any of us for six years. Is there a way we can get it off without hiring a lawyer again? How will this affect a prospective sale if the names are still there? Thank you.

 

[adjusterjack]

Nobody "takes their name off a deed." They execute and record a quitclaim deed conveying their ownership interest to somebody else.

If neither of them have recorded quitclaim deeds you aren't gong to be able to sell the house until they do.

Look up your son-in-law's name in the county records and see if there is a recorded quitclaim deed from when he "took his name off the deed."

If not, and you need quitclaim deeds from both of them, you might have to pay them for their signatures. And I do suggest you have a lawyer prepare the quitclaim deeds for them to sign and get them properly recorded.

 

[LdiJ]

I am not saying that Adjusterjack is wrong, but I do think that you should get the advice of a local real estate attorney on the issue.

 

[adjusterjack]

I do think that you should get the advice of a local real estate attorney on the issue.

I think I said that, too.

 

[Zigner]

I think I said that, too.

Yes, but only insofar as preparing the quit claim deed(s). LdiJ is suggesting that the OP consult with an attorney about the entire matter, because the quit claims might not even be necessary

 

[latigo]

What is the name of your state (only U.S. law)? Maine
We had added our daughter and son in law to the deed of a home that we were to share. They ended up getting divorced and she took up with a guy we did not want to be a part of our property. Our ex son in law voluntarily removed his name from the deed, but after a lengthy and expensive legal action with trial, she was ordered to take her name off the deed. She didn't do it and moved out of state with her boyfriend, so our lawyer went to the court and had it removed. We are now hoping to sell the home, but both names (daughter and ex son in law) are still on the deed. My husband brought the court order to the court house, but they said they can't do anything, and we will have to send her a letter. This was a really negative ordeal that happened to our family and she hasn't spoken to any of us for six years. Is there a way we can get it off without hiring a lawyer again? How will this affect a prospective sale if the names are still there? Thank you.

The only thing that makes any sense from your post is that somehow you and your wife deeded your daughter and her husband a partial interest in your home. None of the rest of it fits. Moreover, much of it is self contradictory.

First you say that after you deeded that interest your daughter and her husband were divorced.

Following which the former son-in-law "supposedly" voluntarily removed his name". Then your lawyer obtained a court order directing that your daughter remove her name from the deed.

However, your daughter "didn't do it - moved out of state with her new boyfriend" so your lawyer supposedly went back to the court and had her name removed.

BUT the story ends up back to square one with both names - daughter's and ex son-in-law - still on the deed!

I'll tell you what. You and your wife created one sticky wicket. You gifted partial ownership in your home to your daughter and her husband and subsequently decided to retract the gift demanding that they remove their names from the title.

You had no more right to do that than your daughter and her husband had the right to demand that you and your wife remove your names from the title to the home.

It would be the same as if you had sold the home to Jack and Jill, changed your mind and then demanded that they deed it back to you Scott free! The only difference would be in the degree or percentage deeded.

To carry it a bit farther in illustrating the absurdity of what you are seeking, go to your neighbor and demand that he deed his home to you Scott free. And if he doesn't "do it", have your lawyer take him to court and see what that gets you!

Now if these people who are still on the title are agreeable to quitclaiming their ownership interests over to you and wife, fine. But you can't force them to do so.

You might be able to seek contribution from them for their percentage share of the expenses associated with owning the home (mortgage payments, taxes, insurance premiums, necessary repairs and maintenance, etc.,) and possibly force partition of the home, but you can't arbitrarily demand that they fold and disappear just because you want them to.

 

[LdiJ]

Yes, but only insofar as preparing the quit claim deed(s). LdiJ is suggesting that the OP consult with an attorney about the entire matter, because the quit claims might not even be necessary

I am suggesting that the court action may have resulted in a quit claim deed even if the OP doesn't recognize the document as such. Therefore, a local attorney may 1) be able to research and find out if any quit claims were issued, and 2) discover what might have transpired from the court case. I also think that there is a better than even chance that at the son already issued a quit claim deed.

 

[Zigner]

I am suggesting that the court action may have resulted in a quit claim deed even if the OP doesn't recognize the document as such. Therefore, a local attorney may 1) be able to research and find out if any quit claims were issued, and 2) discover what might have transpired from the court case. I also think that there is a better than even chance that at the son already issued a quit claim deed.

Right - much more than simply preparing a quit claim or two

 

[latigo]

I am suggesting that the court action may have resulted in a quit claim [sic] deed even if the OP doesn't recognize the document as such. Therefore, a local attorney may 1) be able to research and find out if any quit claims [sic] were issued, and 2) discover what might have transpired from the court case. I also think that there is a better than even chance that at the son already issued a quit claim [sic]deed.

For your much needed edification, Mr. self-anointed legal guru the English word "quitclaim" is one, not two words!

And as far as the content of your post, it is pure gibberish. "The court action may have resulted in a quit claim [sic] deed." Care to explain how? Why? If ever I should want one, how would I go about it?