How can I take my daughter’s name off my house?

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How can I take my daughter’s name off my house?

I wanted her to have it if I died but now she is hanging out with a drug user and I’m afraid she marry him. I think he is using her to get my house. Also, she doesn’t contribute to tax payments, etc so I want her name taken off.

Asked on August 17, 2011 Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you placed your daughter's name on title to your home by way of a grant deed, quit claim deed or gift deed, and one of these documents is recorded with the county recorder's office where your property is located, the only way you can have her name taken off title is if she signs a deed conveying her interest in the property back to you.

The rationale is that the laws of all states in this country hold that there is a presumption that consideration (something of value) was exchanged when one is placed on a recorded document transferring title to legal property.

If you intended to make a gift of an interest to your daughter in your home and had a deed conveying an interest to her recorded, you made a completed gift to her. Once a gift is presented and given, it cannot be taken back by the presenter.

Good luck.


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