Legal Question in Real Estate Law in California

How do I remove the name of my sister off the title to our house deed?


Asked on 10/25/10, 9:14 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You have to give us much more information--how is title held now, why should her name be removed, is she willing to have it removed, etc.

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Answered on 10/30/10, 11:20 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Assuming she is alive and competent to execute legal documents, you'd need to negotiate a deal whereby she would sign a deed to transfer her ownership interest to you......if the house has any value, presumably she would insist upon being bought out. As you probably know, one cannot just remove someone from ownership of their property without their consent (or in rare instances, by getting a court order).

If she is deceased, clearing up record title can proceed in any of several ways, depending upon how title was shared and what, if any, testamentary arrangements the deceased co-owner made. In the case of a (former) joint tenancy, one would prepare and record an affidavit of death of joint tenant. Otherwise, a probate proceeding or action by the successor trustee of a trust may be what's required.

There is another legal process that's worth mentioning........partition. This is a special kind of lawsuit that allows an unhappy co-owner to ask a court to require that the co-owned property be "partitioned" - which in the 21st Century usually requires that it be sold and the net proceeds divided between the former co-owners.

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Answered on 10/31/10, 10:41 am
Terry A. Nelson Nelson & Lawless

By having her and all other title holders sign and notarize a new deed 'over to' whoever will remain on the new title. If you are asking how to remove her involuntarily, then you are talking about filing a lawsuit if you have proper grounds to do so.

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Answered on 11/01/10, 11:41 am


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