How to Take Someone Off a Deed

Learning how to take someone off a deed for a house may become necessary in the event of divorce or death. If a couple gets divorced, the deed must change if one person assumes responsibility for a home, and, if someone dies, the deed must change so the property can be sold.

Divorce
When property needs to be divided due to divorce proceedings, the marital home is often the most difficult to process. When one co-owner signs a quitclaim deed passing ownership from one party to another, it doesn't change the mortgage loan in any way. Both parties are responsible for the financial liability if both names appear on the mortgage. Under an attorney's recommendation, if one co-owner agrees to turn over ownership of a home to the other, a quitclaim deed can be drawn up. It is a simple legal document that relieves the signer of ownership responsibilities. Note that a quitclaim cannot be processed without both parties in agreement-one co-owner cannot process such a document without the other's consent.

Death
When a spouse passes away, it's necessary to change the deed to reflect the surviving spouse only. While there is no need to rush into anything immediately following the co-property owner's death, eventually the change in status must be registered with the county real estate records. Assuming the deceased passed all property and assets to the surviving spouse, the deed automatically passes to that person. However, when it is time to sell the property, the deed must be updated so it can be passed on to someone else.

Simply make a certified copy of the deceased's death certificate, and deliver it to the county office that registers property deeds. The county office will make a record of the deceased's certificate, and the information will exist with the county records. The surviving spouse must keep the certified copy of the death certificate (it will have notations on it by the county) with the deed. When the surviving spouse wishes to sell the property, the copy of the death certificate must be presented with the deed.

Related Life123 Articles

What is a quitclaim deed? This type of deed is often used as a basic method of transferring property, especially from one family member to another.

What is a deed in lieu of foreclosure? If you have fallen behind on your mortgage payments, this type of deed might help you resolve the problem faster than regular foreclosure would.

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To transfer deed of house from one person to another, you will need to draw up a document and meet certain conditions in order for the deed to be legitimate.

What is the purpose of a quitclaim deed? A quitclaim deed can be important if you want to transfer property to another person as quickly as possible, without concern over debt or liens.

What is a deed of trust? Some states use this type of property deed instead of a mortgage, and it states that the lender cannot sell the property unless the borrower defaults.

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