How Can I Take a Person Off a Real Property Title?
To remove a person from title on real property, the person being removed must sign either a grant deed or quitclaim deed that transfers his name off the title. A person cannot be removed from the title by a third party unless the third party has a power of attorney to act on the person's behalf. Any deed transferring a person off-title must be acknowledged by a notary public. Without notarized signatures, the grant deed or quitclaim deed is invalid.
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Things You'll Need
- Grant deed or quitclaim deed
- Legal description of the property being transferred
- Notary public
Instructions
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Write the transfer verbiage on the deed which transfers ownership off of the property. The person who is being removed must grant his interest in the property to the person who will remain on the title. The verbiage must state the vesting of the person who will remain on the title. For example, two brothers, Jack and John Smith, are on a real property title, both as married men, sole and separate property. If John is coming off the title, the verbiage would read: John Smith hereby grants to Jack Smith the property known as (legal description) who shall hold title as a married man as sole and separate property. The current vesting on the property can be determined by looking at the last deed which was recorded on the property.
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Have the person who is coming off-title sign the deed in front of a notary public. A notary will require two forms of government-issued identification, such as a driver's license, passport or military identification.
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Record the signed and notarized deed at the county recorder in the county where the property is located. This is done by taking the document to the county recorder where it will be recorded into the public records. Once it is recorded, the deed is mailed by the county back to the person who is remaining on the title. The county will put a time stamp on the document indicating the date and time it was recorded. This is an important document and should be kept in a safe place.
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Tips & Warnings
When the deed is taken to the recorder's office, request a certified copy of the document because deeds sometimes get lost in the mass of paperwork the county deals with every day.
A grant deed or quitclaim deed is an important legal document that transfers title ownership and therefore should be checked for accuracy prior to signing it. Since transferring title may have significant legal ramifications, it's a good idea to have an attorney or Realtor review the document first.
References
Resources
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