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.

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.
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
My two brothers and I are on the deed for my parents house. Both parents are deceased. The house is in an irrevocable trust in my mother’s name. My brothers live in the house. It appears the house was sold, but remains in the trust. How can this happen without me knowing?
Hi Lance,
Thank you for your inquiry.
Usually, the family members in the deed should be aware of the property is being sold. Have you got the chance to speak to your brothers about selling the house? Legally speaking, you should all come to an agreement if the property is to be sold as it could also mean changing names in the deed.
You’ve mentioned that the house is in an irrevocable trust in your mother’s name, so it depends on what is stated in the trust. The property can actually be sold if it allows that however, even if the house can be sold, the proceeds must remain in the trust.
You may want to seek legal advice on this matter to determine your rights when it comes to property ownership.
I hope this information has helped.
Cheers,
Harold
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?
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 the 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 also want to check out online legal services that can help you with legal documents.
Best regards,
Rench
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?
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
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
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.
The most common way to remove someone’s name from a property deed and also frequently used in divorces or between family members is by securing a quitclaim deed. Your ex-spouse needs to sign the quitclaim deed and by signing this, it means that he is effectively giving up his claim or rights to the property.
For more specific advice regarding the use of quitclaim deeds in a divorce, you may also want to consider seeking help from legal experts.
Best regards,
Rench