what type of lawyer do i need to have my name removed off a house

Full Answer

How do I remove my name from the title of my house?

Discuss property ownership interests. Speak with any co-owners to reach an agreement about which names will be removed from the title and why. If removing your name, agree on your share of the property, who it will be transferred to and how the ownership structure is formed.

Can you remove someone's name from a property deed?

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.

How do I remove my ex husband’s name from my house?

There are typically two ways to have your ex-spouse’s name removed from the title of your house. Asking your ex-husband or ex-wife to sign a Quit Claim Deed is the fastest, easiest, and least expensive way to remove his or her name from the title. Ask your attorney to draft a Quit Claim Deed. Send the Quit Claim Deed to your ex-spouse to sign.

Where can I find a lawyer to change my name?

Adult Name Change Lawyers. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee...

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.

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.

What to do when you remove your name from a property?

If removing your name, agree on your share of the property, who it will be transferred to and how the ownership structure is formed. When transferring property ownership, you’ll use one of two deeds of conveyance: A quitclaim deed.

How to remove names from a deed?

Discuss property ownership interests. Speak with any co-owners to reach an agreement about which names will be removed from the title and why.

What do you need to do if you don't have a will?

If it wasn’t, then you’ll need to write up a new deed to replace the current one. If you’re willed the property, then you’ll need an executor’s deed. If the owners died without a will and the court granted you ownership, then you’ll need an administrator’s deed.

What is the importance of knowing the type of property before you transfer ownership?

Before you transfer ownership of any type of property, it’s important that you know the kind of ownership that’s being discussed. Some are better handled with specific deeds of conveyance.

Where can I get a quit claim form?

Complete, review and sign the quitclaim or warranty form. You can get a quitclaim form online, from an office supply store or from your county or city clerk’s office. If you’re looking to remove your name, you must fill out the quitclaim form, using the same name found on the title deed.

Can you quitclaim a deed?

Learn when to use a quitclaim or warranty deed — and important differences. Whether it’s due to death, divorce or a change in personal circumstances, it may become necessary for a name to be removed from a property deed . If it’s your name, you’ll typically complete a deed of con veyance.

Where to submit a deed to a property?

Submit your form at the county or city office where you got the original property deed. Depending on the state, this office could be the county clerk or the land registry. Some jurisdictions require additional paperwork, like tax documents. Check with your local office to make sure you have everything you need.

Who reviews name change petitions?

Once that is done, a judge or magistrate will review the information on the forms and determine whether to grant or deny the name change request. In most cases, the judge will grant the petition.

Why do people change their names?

In addition, while it is not the most common situation, a person may also have their name changed if they enter a witness protection program.

Can you be charged for changing your name to someone else's name?

For instance, if the person wants to change their name to someone else’s with the intent to assume that person’s identity and to collect on their benefits, then not only will their request be struck down because it is illegal, but they can be charged criminally for it as well.

Do you have to appear before a judge?

Some states do not require an appearance before the judge and will mail you the signed order. In some states, they will allow you to have a brief court appearance the same day your turn in your forms if the schedule allows. Some states do not require an appearance before the judge and will mail you the signed order.

Can you change your name if you have been convicted of a felony?

Some states will not allow a name change if you have been convicted of a felony. Some states require a fingerprint criminal history record. You must read and follow the steps outlined by your states law.

Can I change my last name in Cincinnati?

How to Change Last Name at Cincinnati Clerk of Courts. A legal name change does not require an attorney and can be completed by yourself. You must follow some guidelines, such as, you cannot change your name to a famous person, you cannot change your name to avoid legal issues and you cannot change your name to one that is demeaning ...

2 attorney answers

As the prior answer mentions there are good reasons not to transfer property away from your mother during her lifetime. Concerns about who will own property following death are best discussed with a local attorney who is familiar with your state's probate laws.

Matthew Alan Ferrara

The legal document that would accomplish this transfer is a deed. Be very aware, however, that there may be strong reasons to NOT deed the house even though she thinks it would be a good idea. For a full discussion of the pros and cons, your mother needs to consult with an experienced elder law attorney.