The process of removing a person’s name from the deed depends on the circumstances. If one party who is named on the deed dies, that name will automatically be removed from the deed, and there is very little that needs to be done. A real estate attorney should review the deed as well as any wills, trusts or estate plans that are in place in order to make sure additional provisions are not required. If you want to remove a living person’s name from your deed, you will need to go through a little extra legal maneuvering. You will need to do a deed transfer or file a quitclaim deed, which is especially useful if you are removing a name from a deed in order to give the property as a gift to someone else, or if you are getting a divorce.

In the case of divorce and gifting, the party who has legal rights of ownership to the property will file a deed transfer or a quitclaim deed, granting full ownership to another party. This will effectively remove the prior owner from the deed and deny him or her any additional rights to the property. Talk to your real estate attorney if the deed is being contested. Cases of divorce can be messy, and if one party does not agree to voluntarily remove himself from the deed, you will need the help of an attorney to make it happen. Stephen K. Hachey, a Florida real estate attorney, can help you navigate this process. Contact our offices at 813-549-0096.

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This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.