Legal Question in Real Estate Law in California

Re: Remove name from deed

They will have to convince their son to sign a quitclaim to them. They can't sign anything to remove his name without his signature.

Re: Remove name from deed

A quit claim deed is perfect for such a transfer.

But the exact wording of the prior deed needs to be used so the chain of title is consistent.

Thereafter, the son needs to sign the deed in front of a California Notary Public.

Thanks!

Re: Remove name from deed

With her permission or without? Contact me directly.

Re: Remove name from deed

The prior two answers are correct.

Technically, your sister and her husband put their son's name on the TITLE to their house, not the deed.

Your question does not mention what ownership interest the son was given. Was he made sole owner? Part owner as a tenant in common or joint tenant? Nor do you mention whether the ownership interest transfered to the son was a gift, or whether the son paid fair market value (unlikely, but possible).

The interest transferred back should match the interest conveyed in the first place, or he can simply quitclaim all of his right, title and interest. The new deed must properly describe the property (compare the legal description with that used on prior deeds) and must be notarized and then recorded.

If the property was given as a gift, or sold for below market value, there may be tax consequences, even if the transfer is reversed. Any transfer of property is likely to have large gift and capital-gains tax consequences, and they should seek tax advice tp avoid penalties.