Home arrow Mortgage Forums arrow Deeds, Property Transfer and Estate Planning arrow

What is the best way to remove a co-owner (not a spouse) from a deed in the state of Texas?

Author Message
Icon Mini Profile carolsustala





Joined: 18 Sep 2008

Posts: 1

1.45 Dollars($)
Post Posted: Thu Sep 18, 2008 2:08 pm    Post subject: What is the best way to remove a co-owner (not a spouse) fro
Like 0
Dislike 0

Hello,
What is the best way to remove a co-owner (not a spouse) from a deed in the state of Texas?..My sister is co-owner of a home with another individual and they also are both on the mortgage loan. Although they are not married they were in a same-sex relationship that has been dissolved. They have agreed that my sister will "get" the home as she has solely been making the payments on it even though both names are on both the deed and mortgage. What is the best way to transfer the deed in to her name only and ensure that she is protected against the other individual changing her mind later?

Thank you
Susanne

Guest







Post Posted: Thu Sep 18, 2008 8:23 pm    Post subject:
Like 0
Dislike 0

Hi carolsustala!

If your sister wants to transfer only the deed in her name, then she can sign a Quitclaim Deed and ask the co-owner to give away all her interests in the property. However, if she also wants to transfer the mortgage in her name, then she should follow the process of Novation. A consultation with the lawyer will help you know the legal procedure for this.
Icon Mini Profile jerry
jerry
Moderator



Joined: 17 Oct 2005



Posts: 2708
Location: MICHIGAN
429.63 Dollars($)
Post Posted: Fri Sep 26, 2008 2:28 am    Post subject:
Like 0
Dislike 0

Hi carolsustala!

Quitclaim deed, in my opinion, is the best way to transfer the property in your sister's name. If the property has mortgage, then your sister can go for refinance.

Thanks,

Jerry
kbutterfly2

Guest







Post Posted: Tue Jan 06, 2009 8:09 am    Post subject: Quit Claim Deed
Like 0
Dislike 0

If a person uses the Quit Claim Deed wouldn't the other person who's name is being removed still be responsible for the property if the other person that is left on the deed devolts?

Thanks.
Icon Mini Profile Niicss
Niicss




Joined: 03 Oct 2005

Posts: 4834
Location: New Jersey
508.88 Dollars($)
Post Posted: Wed Jan 07, 2009 3:12 am    Post subject:
Like 0
Dislike 0

Hi kbutterfly

If a person's name is removed from a property deed, then he will not be the owner of the property anymore. However, if that person's name is in the mortgage docs, then he/she will still be liable for paying the mortgage payments.

Thanks.

_________________
Good is the Enemy of Great.
Been there finished that

Guest







Post Posted: Tue Apr 28, 2009 12:07 pm    Post subject:
Like 0
Dislike 0

I used a Special Warranty Deed, the property was transferred to my name as well as his name was removed from the loan.
Quick Reply
Your Name
Subject
Image Verification


Can't read the image? click here to refresh
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Refinance Quotes
Call for Rates
888-485-7561
Speak to a lender now.

We will match calls to our toll free number with our network of lenders.

Ask Questions
Community Attorney
Joshua Heard - Attorney Joshua Heard
Houston, Texas






Highlights

Helpful References

Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Our Community

MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards

Five simple ways to earn money with the Mortgage Community.

New and upcoming tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool







We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0
Page loaded in 0.070 seconds.