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  1. #1
    Join Date
    Oct 2014
    Posts
    2

    Default How to Remove a Co-Owner's Name from a Deed

    My question involves real estate located in the State of: Texas

    I have a question regarding a deed in two peoples' names (mine and my father's). Several years ago, when shopping for my house I was having trouble getting a loan because of the short period of time I had been doing work as an independent contractor. The lender was unsure of my ability to get continuous work. My father graciously stepped up and put his name on the mortgage and subsequently he is on the deed as well. I didn't think much of it at the time and it didn't bother me. I made the down payment out of my own savings and have made every payment since. He has not put one penny in. Fast forward to today: his mental health has deteriorated in recent years along with likely prescription pill abuse. He has been irresponsible with he and my mother's finances and his behavior has been unpredictable and unreliable. We are currently trying to work through this as a family but I can't say I'm optimistic for the future right now. I am very worried about his physical and mental health but also worried about my own family's financial future. In the event that we can't help him, I'm wondering what I can do to ensure that my house is safe from him and if there is an easy way to get him off the deed without his cooperation. Any and all help and advice is much appreciated.

    Thanks in advance,
    J.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,210

    Default Re: Getting Name Off Deed

    Quote Quoting jpatx
    View Post
    In the event that we can't help him, I'm wondering what I can do to ensure that my house is safe from him and if there is an easy way to get him off the deed without his cooperation.
    Your mother will have to go to court, have him declared incompetent, and be appointed as his conservator.

    If she can get the appointment, she can sign his name to a quitclaim deed conveying his ownership interest to you.

    Otherwise you are stuck unless he signs a quitclaim deed.

    I hope you and he are on the deed as joint with right of survivorship. That way you automatically get the house when he dies.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Getting Name Off Deed

    Not that easy jack


    inless there is an unequal division of the ownership interest dad owns 1/2 of the property. Mom would be derelict in her obligations as conservator to simply give away dads interest in the property


    on top of that there are tax concerns when divesting one'sself of an asset such as real estate

    plus there is the consideration of possible creditors dad may owe money to


    and if Medicaid gets involved within 5 years after the transfer, they are going to want to know why dad recieced nothing for his share.

    - - - Updated - - -

    How to get a person out of title (you don't get them off the deed because the deed is the mechanism (piece of paper) that is used to transfer a person's interest in title to another party) is to either have them deliver a deed transferring their interest to you or sue to partition the property. The problem; dad is a 1/2 owner so when the property gets auctioned by the courts, (in the partition action) dad gets 1/2.

  4. #4
    Join Date
    Oct 2014
    Posts
    2

    Default Re: Getting Name Off Deed

    Thank you for the replies. That's what I thought and was afraid of. Hopefully we can get him to a healthy state of mind again and I'll be able to get a quit claim deed executed. Or would a Warranty Deed be the better thing to do? And if he did agree to do that would there be any sort of tax burden on me for receiving his share of the property for a good consideration or minor valuable consideration? Is there any way around that?

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