How to remove someone's name from a property deed | finder.com
How to remove a name from a property deed

How to remove someone’s name from a property deed

Learn when to use a quitclaim or warranty deed — and important differences.

Whether it’s due to death, divorce or a change in personal circumstances, it may become necessary for a name to be removed from a property deed. If it’s your name, you’ll typically complete a deed of conveyance.

Eliminating the ownership rights of someone listed on a property deed typically involves removing the names from the deed and the title. Because some types of property are better suited to specific deeds of conveyance, this process requires knowing more about the type of property you’re discussing.

Regulations differ by state and by county, so you’ll want to research your local laws regarding changes of ownership. And while you can generally complete the process yourself, it’s a good idea to seek legal counsel and have an attorney review the paperwork before you submit it.

We break down when quitclaims, how you remove a name and what the risks are.

Property deeds can be tricky

Don’t understand the mumbo jumbo on this page? Need help dealing with the trouble of handling your deed? LegalMatch offers a free service that matches you with real estate lawyers who’ll listen to your case for free.

What’s a quitclaim deed?

A quitclaim deed is used to sign over property to another person. When someone signs a quitclaim deed, it means that they’re effectively giving up their claim or rights to the property. There is no exchange of money or warrantees, so it offers the lowest level of buyer protection.

Because they are high risk, quitclaim deeds are usually between people you trust — a family member or spouse, for example. Keep in mind that a quitclaim deed has no effect on the mortgage, so even if you remove a person from the deed, all parties on the mortgage are still responsible for payments.

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How can I remove a name from the title deed?

A deed of conveyance — such as a quitclaim or warranty deed — is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by buyer and the seller who is being removed from the title and deed.

Forms of property ownership

Before you transfer ownership of any type of property, it’s important that you know the kind of ownership that’s being discussed. Some are better handled with specific deeds of conveyance.

Forms of property ownership types include:

  • Sole ownership. A single person owns the property.
  • Joint tenancy. Multiple people own the property.
  • Rights of survivorship. Multiple people own the property and inherit equal shares after another owner’s death.
  • Tenants in common. Multiple people own the property and do not inherit any shares after another owner’s death.
  • Tenancy by entirety. Two people own a property, one of whom inherits the entire property after the other’s death.

There are five steps to remove a name from the property deed:

1. Discuss property ownership interests.

Speak with any co-owners to reach an agreement about which names will be removed from the title and why. If removing your name, agree on your share of the property, who it will be transferred to and how the ownership structure is formed.

When transferring property ownership, you’ll use one of two deeds of conveyance:

  • A quitclaim deed. States that you have the right to transfer a property with no legal assurance that anybody else claims to own it.
  • A warranty deed. States that you have the right to transfer a property with an explicit assurance nobody else claims to own it.

Quitclaim deeds are easy to file and work for most changes of ownership. A warranty deed, however, can be more appropriate in situations when there are multiple owners. A warranty deed can also prevent future challenges to ownership, because it clearly indicates the transferring party’s right to change the ownership.

2. Access a copy of your title deed.

You’ll need to get a copy of the title deed to verify that it currently includes the name you’d like to remove. You can get a copy of the title deed from your county clerk’s office, but in some cases, you may be able to order the deed online.

If you’re getting a copy from your local land registry office, search for your deed in their database or ask for assistance.

3. Complete, review and sign the quitclaim or warranty form.

You can get a quitclaim form online, from an office supply store or from your county or city clerk’s office. If you’re looking to remove your name, you must fill out the quitclaim form, using the same name found on the title deed. Warranty deeds can also be found online, but they are more often acquired from the county clerk’s office.

Both quitclaim and warranty deeds are valid only when they’re executed correctly. In most counties, the deed must accurately include all parties to the deed as well as the signature of the person conveying or granting the deed.

Quitclaim and warranty deeds must clearly specify:

  • The name of the grantor and grantee and address of the property.
  • The date of the transfer.
  • The county name, state and city where the deed is signed.
  • A document number or reference in the county recorder’s office where the previous deed was filed.
  • The reason for the transfer.
  • What the grantor will receive from the transfer — for example, a sum of money.
  • The relevant county, legal property description, tax parcel ID number and other relevant financial or tax info.
  • The form of ownership.

Sign the deed only if correct and as advised by your attorney, if you have one. Sign in front of a certified notary witness who can acknowledge each signature.

How do I remove the name of a deceased person from a deed?

When one or more of the people on your property deed have died, you’ll need to transfer the property to its living owners. Whether a will is involved or not, if you’re a surviving owner, you’re typically required to submit three documents to your state’s clerk of courts or registrar, including:

  • Death certificate. You’ll need to obtain a copy of the death certificate to prove the person you’re looking to remove is deceased.
  • Notarized affidavit. This is a voluntary, sworn statement used by courts to confirm the death and your new ownership. It includes basic contact and information you’ll finalize in front of a notary public.
  • The new deed. You and any new owners will need to sign and notarize the new property deed and provide it with your other paperwork.

Contact your local courthouse or county clerk to learn more about the specific requirements of your state and any laws of inheritance.

Skip the headache with an expert opinion from a real estate lawyer

4. Submit the quitclaim or warranty form.

Submit your form at the county or city office where you got the original property deed. Depending on the state, this office could be the county clerk or the land registry.

Some jurisdictions require additional paperwork, like tax documents. Check with your local office to make sure you have everything you need.

5. Request a certified copy of your quitclaim or warranty deed.

Ask for a certified copy of the quitclaim or warranty deed when you file it. You may need to pay a small fee, but keeping it on file can be useful in case of a future property ownership dispute or amendment.

Need More Help?

It’s a complicated process. To skip the headache or simply get an expert opinion, use LegalMatch to consult with a lawyer today for free. LegalMatch quickly matches you with the right real estate lawyer to help you go through the process step by step.

Common questions about property deeds


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174 Responses

  1. Default Gravatar
    AngelaFebruary 3, 2018

    The names/ owners on the property are 2 brothers. One brother wants to be removed. There are no loans or liens. House is completely paid off. Which form is best to use, to remove his name, Quickclaim or Warranty, deed.

    • Staff
      kathyclairFebruary 5, 2018Staff

      Hi Angela,

      Thanks for getting in touch with finder, a leading comparison website and general information service.

      Apologies Angela, finder is a comparison and information service and we are unable to provide our users with personalised advice or product recommendations.

      Quitclaim deeds are easy to file and work for most changes of ownership. A warranty deed, however, can be more appropriate in situations when there are multiple owners.

      You may contact a real estate lawyer for advice.

      Hope this helps!

      Kind regards,

      Kathy

  2. Default Gravatar
    SherrieJanuary 18, 2018

    My mom recently died. My father passed 13yrs ago. My mom left a will. I was told before I could start probate that my father’s name needs to be removed from the deed. How do I do that?

    • Staff
      RenchJanuary 20, 2018Staff

      Hi Sherrie,

      Thanks for your inquiry. Please note that we are not affiliated with any company we feature on our site and so we can only offer you general advice.

      A deed of conveyance — such as a quitclaim or warranty deed — is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by buyer and the seller who is being removed from the title and deed.

      When one or more of the people on your property deed have died, you’ll need to transfer the property to its living owners. You and any new owners will need to sign and notarize the new property deed and provide it with your other paperwork.

      Contact your local courthouse or county clerk to learn more about the specific requirements of your state and any laws of inheritance. You may contact a real estate lawyer for advice.

      Best regards,
      Rench

  3. Default Gravatar
    RoseJanuary 16, 2018

    if A friend and I own multiple properties and want to split our assets and take my name off some of the properties and hers off some what is the process and estamate cost? What’s the least expensive way?

    • Staff
      JoanneJanuary 17, 2018Staff

      Hi Rose,

      Thanks for reaching out.

      If you want to remove someone’s name from a property deed, you may complete either a quitclaim or warranty deed – this is otherwise known as a deed of conveyance. It is usually completed by the property owner leaving the deed and the remaining owners of the property, who intend to remain on the title. So before going through the process of removing someone’s name, an agreement from all parties should be achieved.

      The general steps on how to remove someone’s name from the deed are outlined on this page.

      The cost of changing the details of a property title differ depending on the state or territory the property is located in so please contact them directly to get the full list of fees and charges.

      If you need legal advice and assistance in doing paperwork, you may contact a real estate lawyer.

      Cheers,
      Joanne

  4. Default Gravatar
    DeborahDecember 14, 2017

    The mortgage is in my name only somehow my husband’s name got on deed we are now separated. Need to get his name off deed so he can purchase his own home. Need to do ASAP

    • Staff
      RenchDecember 18, 2017Staff

      Hi Deborah,

      Thanks for reaching out to us. Please note that we are not affiliated with any company we feature on our site and so we can only offer you general advice.

      If you need help dealing with the trouble of handling your deed, LegalMatch offers a free service that matches you with real estate lawyers who’ll listen to your case for free.

      A deed of conveyance — such as a quitclaim or warranty deed — is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by the buyer and the seller who is being removed from the title and deed.

      Best regards,
      Rench

  5. Default Gravatar
    MatthewDecember 12, 2017

    Hey guys I’m having a problem and wanted some input. My mother, my brother and myself are on the house. My brother is an alcoholic and hasn’t paid a dime in 30 years towards the mortgage. I pay everything myself but my mother put him on the house. We want him off the house because hes a liability and want to remortgage the house to do some work but he will no sign any paperwork. What can we do to remove him from the house?

    • Staff
      RenchDecember 26, 2017Staff

      Hi Matthew,

      Thanks for reaching out to us.

      A deed of conveyance — such as a quitclaim or warranty deed — is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by buyer and the seller who is being removed from the title and deed.

      It can be complicated to remove a person’s name from a property deed when they don’t want it to be removed. You may need to go through a partition action, which is a lawsuit that forces co-owners to give up their ownership interests. Partition actions can be costly and time-intensive, so it’s best to use a mediator first.

      You’ll need to consult a mortgage broker for advice. You may click here.

      Best regards,
      Rench

  6. Default Gravatar
    ZudieNovember 27, 2017

    I have two sons.We went to a Lawyers office and I had a paper written up giving both of them my property. We all three signed the contrack.I gave it to both of them but now one of my sons wants the other ones name off the Deed and give it to just him.My question is can i take my other sons name back off of the contrack

    • Staff
      ArnoldNovember 29, 2017Staff

      Hi Zudie,

      Thanks for your inquiry

      Yes, it is possible to remove your son’s name from the deed if he gives the consent to do so. Please check the process displayed on the above page.

      Hope this information helps

      Cheers,
      Arnold

  7. Default Gravatar
    AnderssonOctober 19, 2017

    We are four in the deed, and mortgage. Me, my wife, and two sons.
    How cen we remove our son’s from both; the deed and mortgage?
    Because they owe up to 75,000.00 on children support.
    And we want to refinance to lower the interest.
    Best regards.
    Jalisco.

    • Staff
      MariaOctober 20, 2017Staff

      Hi Andersson,

      If your sons give consent to remove their names from the deed, you may follow the steps laid out on this page.

      Otherwise, you may need to go through a partition action to have them give up their ownership interests which can be costly and time-intensive, so it’s best to use a mediator first.

      You may opt to seek expert opinion from a real estate lawyer regarding this matter.

      For the removal of their names on the mortgage, you’ll need to consult your mortgage provider directly.
      This page on our Complete Guide to Comparing Home Loans may help you should you need to refinance the mortgage with another lender.

      Best,
      Maria

  8. Default Gravatar
    MemeOctober 17, 2017

    If 2 people are on the mortgage and deed and 1 person does not live in the house can that person enter and leave the house without consent just because there name is on it? They Are not making the mortgage payment .

    • Staff
      JudithOctober 17, 2017Staff

      Hi Meme,

      Thanks for contacting finder, a comparison website and general information service.

      Home ownership doesn’t require that he or she actually lives in the house. If his or her name is on the deed, he or she has an ownership interest in it, not living in the house doesn’t change that. However, leaving or moving out can affect his or her rights in other ways.

      Also, you may have to seek for a legal opinion from a real estate lawyer.

      I hope this helps.

      Best regards,
      Judith

  9. Default Gravatar
    BeckyOctober 14, 2017

    My parents died without a will, one of my brothers lived in it for years an me n him payed the property taxes,he just recently passed away.im taking care of house, other family members don’t want nothing to do with it , how can I get the deed in my name

    • Default Gravatar
      GruOctober 15, 2017

      Hello Becky,

      Sorry to hear about you parents’ and brother’s passing.
      I understand how difficult it must be for you to take care of paperwork and other legalities like this.

      You may be in a good position to get the services of a Real Estate Lawyer to guide you through the process.
      Please feel free to read on helpful information in our page here.

      Warm regards,
      Gru

  10. Default Gravatar
    EKBOctober 9, 2017

    Do back taxes need to be paid in full before a quick claim to a property occurs, so a new loan can be made?

    • Staff
      ArnoldOctober 11, 2017Staff

      Hi EKB,

      Thanks for your inquiry

      Yes, unpaid back taxes will make applying for a loan a tall order.

      Hope this information helps

      Cheers,
      Arnold

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