Legal Question in Wills and Trusts in Illinois
How do I go about removing someone name from my deed. legally the name should have been removed.
2 Answers from Attorneys
You have to ask them and they have to sign off on a new deed. If they are not willing to do this, you must sue them.
To get an adequate answer, you should post your question again giving better background information. As already answered, if the other party is compliant, then you can have a deed prepared for that person to sign transferring their interest to you.
Also, just to be sure that you are not misunderstanding, deeds are not like vehicle titles. You do not get someone off your deed. Instead the series of deeds, mortgages and other documents recorded at the county establish the current status of the title. Again, without knowing the background, everything is speculation, but is it possible when you say that the name already should have been removed that it was, that a deed is on record at the county of which you may just not have a copy?
Finally, just to address another typical misunderstanding, if there is a loan that was taken against the property in multiple names, getting one name "off title," as you say, does not mean that person is off the hook for any loans.