Legal Question in Real Estate Law in Virginia
Deed To Property
As husband and wife we bought property with the asumpsion our daughter and husband would be living with us and their rent would help off set our mortage payment (neither are on the mortage)Therefore we add our daughters name added to the deed...the problem now is she has left her husband and is no longerliving here and we would like to remove her from the deed and be able to will the property equally between all our children, since she will not be contributing to the property any longer. How would we go about taking her name off the deec?
1 Answer from Attorneys
Re: Deed To Property
Unfortunately, you as part owner of the property, along with you husband and daughter, are now in no position to remove your daughter's name from the deed. She would appear to be a bonified owner of what the law calls a one third undivided interest in the whole property. And, therefore, only she(and not you) can remove her name from the deed by executing a quitclaim deed conveying whatever interest in the property she may have to the other two owners of record, i.e., you and your husband.
The cautionary lesson here, of course,
is that folks need to be very careful about adding peoples' names to deeds
(who they later may wish to have removed for one reason or another).
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