Forms of property ownership
Before you transfer ownership of any property, know the kind of ownership 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.

My mom and I owed my uncles property when my dad passed a year ago. My mom went and got a gift of deed and had my brother on the deed of home with me. So now my brother and I own the property. My brother is living in the property and not paying me any money to live there. What do I need to do to get him out of the house so I can rent it out? Also I have been on the ownership of this home for 6 yrs. my brother just became ownership with me only 3 months ago Thank you
Hi Bobie,
Thanks for getting in touch with finder. I hope all is well for you. :)
The best thing you can do is talk to your brother and negotiate a term that you both can agree with. Removing someone from a house and his name from the deed can be a very complicated process.
You may need to go through a partition action, which is a lawsuit that forces co-owners to give up their ownership interests. Again, partition actions can be costly and time-intensive, so it’s best to use a mediator first.
I hope this helps. Should you have further questions, please don’t hesitate to reach us out again.
Have a wonderful day!
Cheers,
Joshua
I’m reading about this guy Mike question on 5/15/18 & he I’m going through what he’s going through right now. Is it possible that we both can ask the mortage companies for a short sale? their are two mortages on my home as well. my sister doesn’t want it anymore & it’s heading for foreclosure. Two mortages on it as well.
Hi Dave,
Thanks for getting in touch with finder. I hope all is well for you. :)
Yes, asking a lender for a short sale is a good option. However, most banks might not grant you a short sale since it can also mean lower profit for them. Thus, it would be wise to check your eligibility for a short sale. Generally, you need to default first on your mortgage before you can ask for a short. If you plan to still keep the home, you have to explore other traditional sale options.
Please talk to your mortgage lender and see if you can ask for a short sale.
I hope this helps. Should you have further questions, please don’t hesitate to reach us out again.
Have a wonderful day!
Cheers,
Joshua
my step mom now has my father’s deed in her name & he has passed. his name remains on the deed. 3 of my brothers & sisters signed their rights to his estate away. the other 2 did not. Now she is leaving town & trying to let the house go into forcloseure. how do I get the deed out of her name to put in mines & how do I get the mortage turned over to me if their are 2 mortages?
Hi Mike,
Thanks for getting in touch with finder. I hope all is well for you. :)
The easiest way to have your name on the title deed is to obtain the consent of your stepmom. However, if your stepmom won’t cooperate, you may need to go through a partition action, which is a lawsuit that may force your mom to give up her ownership.
Please note that partition actions can be costly and time-intensive, so it’s best to use a mediator first or resolve the issue between you two.
Moreover, if there’s a mortgage on the property, you need to notify your lender as they should also be taken into consideration when changing names on a title deed.
I hope this helps. Should you have further questions, please don’t hesitate to reach us out again.
Have a wonderful day!
Cheers,
Joshua
Thanks for the information. But I don’t want to be the co-owner with her. I want to be on the deed & take her off. I’m willing to take over the mortgages & have them in my name, but before I do this, I want to have my name on the deed & not her. I’ve been living here in this house since 1986. What do I do to just have my name on the deed & not hers? She has left town already waiting for the house to go in foreclosure.
Hi Mike,
Thanks for getting back. Please note that we are a comparison website and can only offer a general advice.
It is possible to take off your step mom’s name from the deed and have your name on it, but since she’s already left the town and can’t get her consent (for taking her off), you would need to speak to a lawyer for the process. This can be a complex action and time consuming, so best to get a legal advice first.
You’d also be best to speak to the lender of your plan that you will pay for the mortgage (alone) and advise them that you’re also having your step mom’s name removed from the deed.
Cheers,
May
My mother-in-law passed away with no will. She had a reverse mortgage on the house. My husband, his step father and sister own the estate now. My husband is trying to get a loan to pay off the mortgage but it is hard when step father won’t work with us or sign over the deed so we can save the farm. What can we do. It will be going to forclosure June 7th.
Hi Shantel,
Thanks for getting in touch with finder, a comparison website. Please not that we can only offer general advice to answer your question.
For any changes or activities in the deed (including mortgages), it is important to get consensus with all co-owners to reach an agreement. If your step father won’t agree, you may need to get a mediator and try to come into agreement. You can also consult a lawyer if the situation gets complicated. Please note though that this action can be costly and time-consuming.
Cheers,
May
My father has a POA for my mother due to her declining health. Before her health deteriorated and she was placed in a long-term care facility It was recommended they take my mother’s name off of the deed for their house. It wasn’t done at that time, but now my father wants to consider that. What would have to be done since she has diminished mental capacity?
Hi Sheryl,
Thanks for getting in touch with finder.
I’m sorry to hear about the condition of your mother. Regarding your question, it is possible to remove your mother’s name from the deed even if she is mentally ill. However, the process can be more complicated compared to voluntary name removal.
If the POA is still valid, that can be used by your father to remove your mother’s name depending on what is written on that POA.
In any case, you may need to undergo judicial inquiry regarding the mental condition of your mother. If her mental condition is proven, then that can be a ground to remove your mother’s name.
Please note that we are not legal experts. Thus, I highly recommend that you talk with a professional who will be able to completely consider your situation and provide a more personalized advice.
I hope this helps. Should you have further questions, please don’t hesitate to reach us out again.
Have a wonderful day!
Cheers,
Joshua