Legal Question in Real Estate Law in Massachusetts
property deed
i add my son to my deed, he no longer wants his name on it, how do i put it back to just my name on a quitclaim deed and what wording do i use on it. thank you fran
3 Answers from Attorneys
Re: property deed
If a property is titled in two names, both need to execute any new deed.
There are a whole host of circumstances which would affect the answer to your question - you are asking about mechanics or procedure, but attorneys also consider the consequences and effects in the particular circumstances. I.e., is there a mortgage on the property, are there circumstances where the rights of third parties would be affected, is your son married and or in the process of being divorced, is your son being sued, did the transfer take place more than five years ago, were any gift tax returns filed, is your son on the mortgage loan, etcetera.
Perhaps it is very simple in your particular situation, but an attorney would be reluctant to advise you without asking a few questions "up front."
Re: Massachusetts property deed
Your son needs to deed the property back to you. I suggest that you retain a Massachusetts (MA) attorney to draft the deed.
: property deed
You do another transfer deed of his interest to you; this should be similar to the deed that you transferred an interest to him.