Take parents name off deed?

0.10 Dollars($)

My parents were co-borrowers with me on my home. Now that the loan is payed off, how can I take their name off the deed?

larry · Joined: 27 Jun 2007 Posts: 3058 429.16 Dollars($)

Hi Guest,

To take them out off the deed your parents need to sign a quitclaim deed. But you cannot pressurize them to sign the deed. So are they willing to quitclaim their share of the property to you?

Best of luck,
Larry

0.10 Dollars($)

Thanks, Larry.

I thought a quitclaim deed would be what I would need to do. I'm not sure how I can go about doing that, since my elderly mom has just been appointed a guardian on her person & estate.

larry · Joined: 27 Jun 2007 Posts: 3058 429.16 Dollars($)

Hi,

You just need to request them to quitclaim the property but as I have earlier said that you cannot pressurized them to quitclaim. If they quitclaim on your own that is okay. If they don't want to quitclaim then you can even buy them out. That means pay them their share of the property and request them to quitclaim.

BTW why do you want to take them out of the deed?

Best of luck,
Larry

0.10 Dollars($)

Hi Larry,

Thanks, again for your reply.

I want to take their name off the deed, as the only reason they were on the deed of trust & the current quitclaim deed is, because since I didn't make enough money to qualify for a home loan they were co-borrowers on the loan. Now that I've paid the loan off I want to take their names off the deed. Doing this is complicated since my mom now has a guardian on her person & estate.

jenkin7 · Joined: 04 Jun 2007 Posts: 894 133.63 Dollars($)

Hello,

I feel Larry is right. Consult with you mother and if she quitclaims you will be the sole owner of the property. She just needs to sign as a grantor. Then notarized the deed and record it in the county recorder's office to make it valid.

So talk to your mother and please update us with your situation.

0.10 Dollars($)

Thanks, Jenkin.

If my mom didn't have a guardian on person & estate, then yes a quitclaim deed from my parents should do it. With the guardianship she may not
buy, sell, own, mortgage or lease property other than through the guardian.

We're going to talk to an attorney to see what we need to do.

Ownership history: My grandfather did a quitclaim deed to his three children, including my mother. Then the other two children guitclaimed it to my parents & me when I got the loan. We had a deed of trust & now have a deed of reconveyance, showing that the deed of trust has been paid.

Does real estate property normal have a title like an automobile? If so do you get that from the title company? The deed of trust was with a title insurance company.

jheard · Posted: Tue Apr 29, 2008 8:09 am Post subject:

Title to property is the sum total of all the deeds on a property. To get "title" you must contact a title company who will do a search and give you who owns what on the property.

If your mother has a guardian, then the guardian must sign any deed. It is likely the guardian has that power. However, the guardian also has a duty to the estate and any future heirs. It is unlikely the guardian will just give you the property for free absent a written agreement.

Talking to a probate/estate planning attorney is a good idea.

0.10 Dollars($)

'This is not legal advice'
I understand that. I'm only wanting to discuss it on this forum for nonlegal advice.

I've contacted a local title insurance company where the property is located to have a title report sent to me.

The guardian attorney told us that anything to do with real property will have to go through court three times in my mother's state.

My mother wouldn't be giving me the property for free. When my grandfather's three children decided to sell the property in 1987 I bought it. My parents were only co-borrowers, because my income wasn't enough to qualify for a mortgage. I lived in the home, making all the mortgage payments, etc, then later also my husband. My husband & I payed the loan off in Feb. My parents never had intention of owning this home for profit, for future heirs, etc. They could've bought it themselves if they had wanted to. My husband & I want to sell this home as we have moved to another state.

I talked to a real estate attorney. Another attorney referred me to him. I didn't know until I talked to him that he's a litigation attorney. I hope this doesn't go to litigation, but even if it does, this isn't the right attorney for when I asked him questions pertaining to the guardianship he didn't know.
I need to find a probate/estate attorney that knows about guardianships.

larry · Joined: 27 Jun 2007 Posts: 3058 429.16 Dollars($)

Hi,

Thanks for the update!

How much is the appraised value of he property? Your mother doesn't want to quitclaim to you for fee right? So how much does she want?

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