Removing a person on deed

[aruray]

What is the name of your state (only U.S. law)? NJ

I bought property with bf, now I want him taken off the deed. I am the only person on the mortgage. I did some research. Someone suggested doing a quit claim deed which would suffice. Another one advised to have it done by a real estate lawyer so it 'would take care of all legal issues'. I dont have money to pay a lawyer so I was hoping someone could give me advice if a quit claim deed is enough to take care of this problem

 

[justalayman]

Is he willing to transfer his interest in the property to you? If so, a deed is the mechanism to do so. A quit claim would typically suffice for this type of transfer. You still should have a person experienced in creating deeds do this though. There are requirements for a deed to be legal. If the deed does not meet those standards, it is considered to be defective and can be challenged later.
You do need to speak to your mortgage lender though to be sure this does not activate some due on sale clause or cause some other problems.

 

[tranquility]

The quit claim deed would have to be signed by the boyfriend. The only other way to remove someone from a deed is by court order as in a partition lawsuit. That will cost thousands of dollars and take years.

 

[latigo]

What is the name of your state (only U.S. law)? NJ . . . I bought property with bf, now I want him taken off the deed. I am the only person on the mortgage. . .

You have to be mistaken about the mortgage status. Because -

If the two of you former love birds bought the home at the same time, took title by the same instrument and the purchase price was financed, then I can assure you that his name is shown on the mortgage documents along with yours.

Mortgage lenders do not make real estate purchase loans to be secured by a mortgage or deed of trust on the purchased property UNLESS all of the recorded owners of the property are subject to the lender‘s mortgage lien. Otherwise the lender has no security to fall back on if the loan goes into default.

Now if you closed the deal separately and his name was not added to the title until later, it would be different. But you write, ”I bought property with bf . .”
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You mention using a quitclaim deed to remove him from the "deed". Well you can't change the deed, but you can change the title and a quitclaim deed from him to you would work. Provided that is, if he is foolish enough to sign it without a save and hold harmless agreement whereby you agree to assume all current and future indebtedness against the property and indemnify him from personal responsibility. But even that wouldn’t get him off of the mortgage.

You made one huge mistake by buying this home in cotenancy as you did and now you are suffering for it.

It’s okay to play house. But next time don’t buy the damn house!