How to Become a Sole Title Holder of a House
Real estate is owned by holding the title to the property. The title is more than a piece of paper; it determines how the property can be transferred to another person. Sole ownership of a house means that it is owned by a single person who solely decides, through a will or trust, who will own the home in the event of his death, or when the house will be sold. If another individual is a co-owner of your house, and you want to make all decisions regarding the property, there are several legal processes to follow to become the sole title holder.
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Instructions
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Have a title search performed on your property. The title search will uncover other investors, interested parties, descendants or lienholders on the title. Property title records are stored as hard-copy documents, and searches take time. Titles are recorded in your county.
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Seek a court order that prevents any other parties from making any claims to the house by filing an action to quiet title. A quiet title lawsuit names as defendants anyone who might have an interest. Post the notice of the action to quiet title in your local newspaper. The case will be seen before a judge; if the court finds for you, the court can order the title "quieted" and you will have sole ownership of the house. Every state and local jurisdiction has different processes to file an action to quiet title.
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Obtain a quitclaim form. Ask your spouse or co-owner to file a quitclaim to you as your "sole and separate property" if you are not the sole owner. Hire a deed service to handle the paperwork for you, or visit your county registrar-recorder and pay the recording fee to file the document. A quitclaim is a document that quits ownership interest in real property and transfers the title to you.
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Become the sole title holder of a house as a "devisee" of a will. A devisee is someone who receives a gift of real property by a will. When you inherit property and are the sole heir, it is usually your sole and separate property, even if you're married.
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Tips & Warnings
Hire a real estate attorney when in doubt. Transferring ownership of real property can be complicated.
