My mother and I purchased a two-family home 10 years ago. She recently separated from her husband and wants to remove his name from the deed of the house. How do I go about this? I live in NYC.Does anyone know how I can change or remove names on a deed?I don't think she can do that without getting a quit claim deed form signed by her husband agreeing to having his name removed from the deed ( it should be notarized). This will not relieve him of the debt obligation if there is a mortgage on the property.
You probably should check with the recorders office in your state to make sure your state rules are not different.Does anyone know how I can change or remove names on a deed?Your mother and you purchased the property but HE'S on the title? She can't %26quot;remove him.%26quot; He would have to do it. She needs to see an attorney.Does anyone know how I can change or remove names on a deed?I live in NY and have done this. You can use a lawyer but you don't have to if you know what you are doing. He has to file a quit claim deed. He will need to sign his share over. His signature will need to be notarised.
But I am assuming that this action is being done in conjunction with a separation of assets? NY is a community property state so this will not change his entitlement to a share of the asset as NY State regards all assets acquired during a marriage as jointly owned. Assets acquired prior to a marriage become jointly owned if marital income is used (for instance to pay a mortgage or pay for repairs).
The name on the title deed does not change this, your mother's share of your house is jointly owned with her husband whatever the deed says.Does anyone know how I can change or remove names on a deed?You can't just arbitrarily remove someone's name from a deed because he is part owner of the house. She would have to get him to sign a quit claim deed, if he will do that. An attorney handles it.Does anyone know how I can change or remove names on a deed?You cannot. Neither can your mother. He is a part-owner, and only he can remove his name from the deed by signing a Quit Claim Deed to the other owner(s). This is going to have to be done as part of the property settlement in the separation/divorce. Your mother needs an attorney urgently to file for divorce, negotiate the property settlement, including his signing the Quit Claim Deed, and get these matters settled.
How did he get his name on that deed to begin with if you and your mother bought the property and paid for it? If he was not on the mortgage and did not help pay for the property, he never should have been on there in the first place. Somebody fouled up and it could be a very expensive fix. The attorney is absolutely necessary now or this is going to cost you %26amp; your mom a great deal more than atty fees.
