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.

i inherited a building after my mom passed and I want to renovate the building. However, the deed lists my mom and two of my cousins on the deed. One of my cousins wants nothing to do with the building and is ready to sign it over to me and the other cousin I don’t know where he is and haven’t seen him in 30yrs. How do I go about get the missing cousins name removed? Please help me.
Hello Toya,
Thank you for your inquiry.
You need to talk to a qualified real-estate attorney about the removal of this person. Your attorney will coordinate with the court in having a local newspaper do a “Service publication” to summon your missing cousin in court. If he/she doesn’t show up, depending on the type of ownership they have on the property, the court may decide to give everything to you (since the other cousin is willing) or have a partition settlement, wherein the share of the missing cousin goes to trust.
Please take note that this is only general advice, and some details unmentioned may affect its legitimacy. Also, some property laws may vary from state to state.
Hope this helps.
Cheers,
Jonathan
Can a husband lawfully remove his wife’s name who suffers from dementia from the deeds of the mortgage free home they jointly own?
Hello Derrick,
Thank you for your inquiry.
Generally, no he should not be able to, unless the husband can prove to the court that the wife is unable to handle the property due to her health or mental limitations, but would largely depend on other factors such as lack of power of attorney, the husband as the sole paying entity for the mortgage, how their ownership was structured to begin with, etc.
Usually, these are the acceptable reasons on removing the name of the property in UK:
– sold it
– divorced or separated and want to remove an owner
– married and want to add an owner
– given the property away
You may refer to this page if you want to reach the land registry while you are in talks with your attorney to get some personalized advice.
Hope this helps.
Cheers,
Jonathan
My step dad wants to take my mum off the deeds of the house. My mum is in a care home with dementia and she has power of attorney, can he do this?
Hello Michelle,
Thank you for your inquiry.
Generally, if designated by your mom to have powers over her finances and properties, the power of attorney should be dealing with this matter on her behalf. It may be a bit complex situation as some courts would agree to removal due to mental or health incompetency but this depends on the type of ownership they have as a couple on that house.
Usually, these are the acceptable reasons on removing the name of the property in UK:
– sold it
– divorced or separated and want to remove an owner
– married and want to add an owner
– given the property away
You may reach the land registry while you are in talks with the power of attorney to get some personalized advice.
Hope this helps.
Cheers,
Jonathan
How get name off deed. If can’t locate person. Been twenty years
Hi Rodger,
Thanks for your question.
Kindly note that the procedure we have listed above only applies when the person who’s name is to be removed will approve of such removal.
It can be complicated to remove someone’s name from a property deed when the person is not available or doesn’t want their name to be removed. You may have to directly get in touch with a real estate lawyer to guide you through the process.
Cheers,
Anndy
I bought property has a lean of original owner but should not be on there he was paid by party I brought from. Somehow escrow screwed up its been twenty years and can’t find him for last six years. How get him off if can’t find him?
Hello Rodger,
Thank you for your inquiry.
You can hire a real estate attorney to deal with this matter because a notice needs to be filed that will publish in the local newspaper a “service in the publication”, summoning the other party to appear in court to determine his/her rights. In reality, this is quite a challenging path because some courts may not be agreeing to the summon, especially for a relatively small amount of time “missing”.
If that happens, the court may decide to divide the property, half of it goes to you while the other one goes to trust.
Please take note that the process may vary per state law and other variables not mentioned may affect the actual process.
Hope this helps.
Cheers,
Jonathan