Legal Question in Real Estate Law in Massachusetts

Re: How to remove someone from a deed

If your fianc� is willing to sign the deed that is all that is required apart from recording the deed. However, if she does not want to sign and there is no agreement with respect to the property, she could claim it was a gift. If it was a gift in anticipation of marriage, you may be entitled to the interest conveyed back.

You are not required to buy her interest, but there should be some consideration listed on the deed such as $10.00.

Good Luck

Re: How to remove someone from a deed

She would have to deed whatever interest you deeded to her back to you. Whether she demands consideration for doing so depends on what agreements you have between you, but the deed must state some consideration. There are apt to be Tax consequences (Capital gains, Gift tax etc.) from any transfer. Therefore, you should retain an attorney to advise you in this matter. Good Luck!

Re: How to remove someone from a deed

You probably violated a term of the mortgage by adding her name to the deed. That being said, the answer is it depends. What does she want, what is it that you want, and if she refuses, what are costs and likely results if you take this matter to court to partition the property. To be more specific you would have to provide more data. You can also contact me.