Posted by John Merchant on September 21, 2007 at 20:58:25:
If you and Partner Paul are on a deed when you acquire the RE, then you and PP split, and he agrees for a few $$$ to sell to you, he signs a new deed granting his interest to you.
Or if you take a deed in your name, then want to add PP to your deed, you give him a deed for an undivided interest.
In any/either case, a new deed is called for to straighten out the situation.
Never with eraser or ink to “correct” the old deed, but only with a new deed.
Posted by Neemagirl on September 21, 2007 at 09:39:43:
Do I need a to have a attorney to take someone’s name off the deed or can I go to the courthouse myself to have it removed? The loan is in my name solely, but the deed is in me and another person’s name.
Posted by River City on September 23, 2007 at 09:18:58:
You both need to go to either an attorney or a title company and ask them to prepare a “Quit Claim” document. In this document both owners will quit their claims to the one obligated on the Note…IF they both agree to do so. When changing the names on a deed, all persons named on the deed must agree to make the change. This is generally done using a quit claim deed or a warranty deed. I would say that you could do this yourselves, however, I do not believe you are capable of doing this (no disrespect intended) and it will not cost much to have an attorney draw and record the documents.
Posted by Rich-CA on September 22, 2007 at 12:58:32:
The person being removed needs to sign as “Grantor” the replacement deed. If that protection were not in place, nothing can stop the other person from removing you from the deed. The Deed names have nothing to do with who is named on the mortgage.
No adding or subtracting to/from deeds - Posted by John Merchant
Posted by John Merchant on September 21, 2007 at 10:44:33:
Where does this idea come from that you,I or the guy next door has ANY right to add or subtract names to/from a deed, after it’s been given and recorded?
The ONLY way to add or subtract RE ownership is by another, NEW deed from current owner to the new owner.
If there is no purchase transaction but only add or remove one name from the deed, how does a new deed from current owner to the new owner happen? Can you explain it?