Legal Question in Real Estate Law in New Jersey

How can I force someone off of a deed?

7/8 of a 3 family house was signed over to me recently. (there were originally 8 owners-mother willed house to 8 children) The person who owns the 1/8 has never lived in the house, has never paid any bills for the house, is a senior citizen and can't afford to help pay for the needed renovations that will be at least 70K. The house is not going to be sold and is not an income property. I need to get a home equity loan but am held up by this one person. Am I able to force the person off of the deed? How? Has this been successful for others in the past??

Any advice is appreciated.


Asked on 2/06/06, 1:58 pm

2 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

Re: How can I force someone off of a deed?

The formal legal way to get that person off the deed is to file a legal action called a partition. That can be very costly. Hopefully, if you or someone on your behalf contacts this person or the people (i.e. children) taking care of him, you can work out a settlement without going to court. You should get an attorney and our firm has experience in this area. Please call for an appointment and mention BBS to get a free consultation.

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Answered on 2/06/06, 2:31 pm
Robert Davies The Davies Law Firm, P.A.

Re: How can I force someone off of a deed?

If you own 7/8 of the house and this person owns 1/8, is a senior citizen who has no real investment in this property, then the first step would be to talk to him/her about this problem. He or she may agree to give or maybe sell the 1/8 to you. I am not sure that will solve all of your problems, but it might. If you must, you could go to court, but that is expensive and is your last resort.

If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 2/06/06, 3:13 pm


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