what type od lawyer do i need to have my name removed ogf a house

by Prof. Daisy Braun MD 6 min read

A name change can affect everything from your personal credit cards to important legal documents, such as your birth certificate or passport. While it is possible to complete the process on your own and though not every state requires you to file a name change petition with the court, you may want to speak to a local family lawyer just in case.

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How can I remove my name from the deed of my house?

Feb 10, 2014 · Taking a Name Off of a House Deed. Evidence of ownership of real property such as a house is demonstrated through its deed and chain of title, or ownership history. By law, those listed on a deed ...

How can a family law attorney help you change your name?

Mar 25, 2011 · 2 attorney answers. Posted on Mar 28, 2011. This is a fairly straightforward action depending on the circumstances. Any solo or general practitioner (lawyer) should be able to assist in drafting the appropriate legal documents. Start with someone you know and get a suggestion on a good lawyer in the area and then head to your meeting with them prepared …

What kind of attorney do you need for a real estate closing?

Jun 01, 2013 · My bankruptcy has been discharged in 2010. I have not lived in the home since then as well. Is there away I could have my name removed from the deed/title? The bank keeps putting the house in auction then takes it out at the last minute.

Can my husband's name be on the deed of Our House?

Therefore, you probably need to petition the court to either enforce your marriage settlement agreement or equitable distribution order. This will not provide you with instant relief, but it will begin the process of getting your name removed from the deed and mortgage of the marital residence. The court has various enforcement remedies ...

How do I remove my name from a house?

You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner's name from the property deed and the mortgage.

How do I get my name off a mortgage with my ex?

There is only one way to have your spouse's name removed from the mortgage: You will have to apply for a loan to refinance the mortgage, in your name only. After all, the original mortgage was approved in both of your names, giving the lender two sources of repayment.

Can you remove someone's name from a mortgage without refinancing?

You can remove a name from your mortgage without refinancing by informing your lender that you are taking over the mortgage, and you want a loan assumption. Under a loan assumption, you take full responsibility for the mortgage and remove the other person from the note.Jul 23, 2020

Does my ex have to pay half the mortgage and child support?

Married: If you are married to the child's parent then it does not matter who owns the family home. If the child support does not cover the mortgage payments and household bills, your ex-spouse could apply for spousal maintenance.Dec 27, 2018

What is an involuntary removal of a deed?

Involuntary Deed Removal. Removing someone's name from a property deed when that person doesn't want to be removed is very difficult. Partition actions are lawsuits that co-owners of property can use to force other co-owners to give up their ownership interests, such as through a property sale.

What is a deed of conveyance?

A deed of conveyance, or transfer, is given by the owner leaving a property's deed and title to the remaining owners of that property. Two common deeds of conveyance are warranty deeds and quitclaim deeds. For example, your sister can convey a quitclaim deed transferring to you her ownership rights in a home you both own.

Is a deed valid in California?

Properly Executing Deeds. In California, deeds are always used to transfer ownership rights, but are only valid if they're properly executed. To be valid in the Golden State, a deed must be in writing and the parties to the deed must be properly described.

Do you have to record a deed in order to be valid?

The state doesn't require deeds to be recorded in order to be considered valid, but recording them is strongly recommended. Recordation of a deed helps establish a chain of title that can be very helpful in case of future property dispute.

Do you need to notarize a deed in California?

A deed of conveyance such as a warranty deed or quitclaim deed is considered properly executed when it's willingly accepted by the persons receiving it. California also requires deeds of conveyance to be notarized before they're finally considered valid. The state doesn't require deeds to be recorded in order to be considered valid, but recording them is strongly recommended. Recordation of a deed helps establish a chain of title that can be very helpful in case of future property dispute.

2 attorney answers

This is a fairly straightforward action depending on the circumstances. Any solo or general practitioner (lawyer) should be able to assist in drafting the appropriate legal documents.

John Roache Cook IV

If this is connected to a divorce, then it can be done during the proceedings. Otherwise it's an application through the La. Vital Records and you have to file a motion with the court in your jurisdiction. I would suggest a family law lawyer or a general practioner.

How to get a title out of your name?

Tell them the date you vacated the property, and send them a copy of your discharge order and any schedules listing them as a creditor. They should send you the paperwork to take the title out of your name.

Do you need homeowner's insurance on a property?

Unfortunately, the answer is no. Also, you should have a homeowner's insurance policy on the property as long as you are on title. If someone were to injured on the property, you would be liable.

Can you deed a house to a company in bankruptcy?

Yes, some bankruptcy firms, like mine, have a company setup where you can deed the property to the company. Usually people with HOA fees do that to avoid having to pay the fee. If you want to deed it because you're annoyed by these messages, then maybe it's something you want to do.

Can you get your name off a mortgage note?

Unless you sell the property, it is up to the bank holding the mortgage note to complete the foreclosure which will remove your name from the title/deed to the property. This is a common mistake people make when they file bankruptcy, believing that by signing a statement saying that they intend to surrender their title to property that their name will come off of the title via the bankruptcy process.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What are the different types of lawyers?

The following are a few of the many different types of lawyers in the United States: Civil Rights Lawyer. Civil rights attorneys use the law to help people protect their civil rights or recover damages if their civil rights have been trampled on. Civil rights are the core rights of United States citizens that stem from state ...

What does a real estate lawyer do?

Real estate lawyers have a variety of options for their practice they can help close real estate deals, represent parties when real estate deals fall through, and lawsuits are filed, and can represent clients in the process of obtaining required permits for their real estate deals.

What is a private sector lawyer?

Private sector lawyer refers to the broad category of lawyers that do not work for the government or nonprofits but instead work for private companies and law firms. Private sector lawyers usually make more than public sector lawyers. Real Estate Lawyer.

Why is the career outlook for lawyers less appealing?

The career outlook for lawyers has become less appealing in the past 10 years because there are many more law schools and lawyers than there used to be . This floods the market and makes it harder for lawyers to obtain jobs and decreases overall salaries.

What is a government lawyer?

Government Lawyer. There are government lawyers for every single aspect of government. Local, state, and federal governments all have attorneys on staff. Within each level of government, an attorney works for an agency.

What are the two types of criminal law attorneys?

There are two types of criminal law attorneys, prosecutors and defense attorneys . Prosecutors represent the state they work for and bring criminal charges against individuals accused of committing a crime. Defense attorneys represent the people accused of committing a crime.

What is the job of an immigration lawyer?

There is a growing need for immigration lawyers as laws change, and many individuals have trouble navigating the immigration process on their own or could face deportation. Immigration attorneys might help people with the paperwork and process of obtaining green cards and visas.