Can a name be removed from a deed without consent?
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Can a name be removed from a deed without consent?
My mom left her house to me and my sister. Both of our names were added to the
deed but now I see that my sister is the only name on the deed and I did not
consent to that. I did not know she did it. How is it possible that my name was
removed without my knowledge?
Asked on October 24, 2016 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Legally, it may only be removed from the deed with your consent or by court order (e.g. if a court somehow found that the transfer to you was fraudulent and reversed it). It is possible that your sister forged or falsified documents from you that you were giving up your interest--and it's also possible this was some innocent mistake made by the clerk's office at some point.
Speak to your sister first--ask her if she knows what happened. If this was an innocent error, it can likely be corrected fairly easily, by her transfering half the interest in the property to you. (You may need a lawyer's help to get the paperwork right and file it correctly, but that's just a matter of getting the formalities correct.)
But if you do not receive a satisfactory answer and cooperation, you may need to file a lawsuit against your sister claiming she has in some way fraudulently or illegally removed you from the deed, seeking a court order adding you to it.
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