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Removing names of co-owners from self earned property


05-Aug-2023 (In Property Law)
My father has two younger brothers. My grandfather died at young age and my father took care of my two uncles. My uncles got good jobs and my father married them of too. My father earned well during his early age and bought some property. he registered that property on his name and after few years included my uncles name as well as shareholders. So, for the property that he bought, there are 3 share holders now. My uncles didn't help when we needed. Know one one my uncle is dead. he has 2 sons. My question is, can we remove names of my uncles from property?This property is earned by my father.
Answers (1)

Answer #1
683 votes
A deed of conveyance, such as a quitclaim deed, is the most common way to remove a name from the property deed. A deed of conveyance is usually completed by the property owner leaving the deed and title to the remaining owners of the property who intend to remain on the title.

Here is how you can remove a name from the property deed:

1. Discuss property ownership interests

If you’ve decided to change the property ownership interests in your co-borrowing arrangement, you should sit down and speak with the co-owners to reach an agreement about which names will be removed from the title and why. Reach an agreement about your share of the property, including who it will be transferred to and how the ownership structure will be formed.

2. Access copy of title deed

You’ll then need to get a copy of the title deed to verify that it currently includes a name you’d like to remove. You can get a copy from the county clerk office in the county or province where the property is located. In some cases, you may be able to obtain the deed online but this will vary depending on the location.

If you’re getting a copy from your local land registry office, you can search for your deed on their database or otherwise ask for assistance.

3. Complete, review and sign quitclaim form

You can get a quitclaim form online, from an office supply store, or from the county or city clerk’s office. The person whose name is to be removed must fill out the quitclaim form, using the same name that is represented on the title deed.

Quitclaim deeds are only valid if they have been executed correctly. Depending on the county, the parties to the deed must be accurately described and the deed must include the signature of the person conveying or granting the deed. A quitclaim deed is accepted when it is approved by the person receiving it. This is why it’s important that you clearly specify:

The name of the grantor and grantee
The county name where the deed will be signed
The document number or reference in the county recorder’s office where the previous deed was filed
The transfer purpose
What the grantor will receive from the transfer (e.g. monetary amount)
The relevant county, legal property description and tax parcel ID number
The form of ownership
If the deed is correct, sign the deed as advised by the attorney. Sign in front of a certified notary witness (who is an authorised person that can authenticate legal documents including deeds and mortgages) and who can acknowledge each signature.

4. Submit quitclaim form

Submit the quitclaim form at the county or city office where you obtained the original property deed. Depending on the state, this could be the county clerk office or the land registry office.

Keep in mind that some jurisdictions may require additional paperwork to supplement the quitclaim, such as tax documents. Check with your local office to make sure you have completed the required paperwork.

5. Request certified copy of quitclaim form

Ask for a certified copy of the quitclaim deed when you file it. You may need to pay a small fee for this, but it’s good to keep on file as it may be useful in case of a future property ownership dispute or amend
People also ask

What is a release deed between co-owners?

A relinquishment document is a legal document which transfers ownership of property from one party to another. This document is used when a coowner or legal inheritor wishes to transfer his or her share of a property to another coowner or legal descendant. 22-Mar-2023

What happens if a co-owner wants to give up his ownership rights?

A relinquishment agreement is a good option for co-owners who are willing to surrender their rights to the property. This allows for a smoother transfer. Legal heirs are sometimes asked to sign a deed in order to clarify the situation.

Can joint owner sell property without consent?

When the shares of co-owners have been stated specifically in the sale agreement, a co owner can sell their part without the consent of another co-owner. If the share isn't stated, then one co-owner must ask the consent of the other before selling.

How do I remove my wife's name from my property?

You must first get a gift deed signed and registered from the wife to husband (releasing her share). Then, file a divorce petition to remove your wifes name from other transactions.

  

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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