How doI take my son’s father off the deed of my house?

UPDATED: Dec 31, 2011

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How doI take my son’s father off the deed of my house?

About 12 years ago I put my son’s father on the deed to my house. Since then we have separted and he refuses to take his name off. His name is not on the mortgage. He thinks he has put money into this house and really he has not. I pay everything.

Asked on December 31, 2011 under Real Estate Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  You did something that you thought was the right thing to do at the time but what was a simple gesture on your part is now a difficult thing to undo.  You did not say "my husband" so I am assuming that you were not married and that you hold the house as joint tenants, correct?  There are no "rights of survivorship" on the property.  Unless he voluntarily agrees to sign over his interest I do not think that you can force him at this point in time to do so.  You made separate property in to jointly held property.  I would seek help from an  ttorney in your area on how to handle this matter and the sooner the better.  Do not be penny wise and pound foolish her.  If he wants a reasonable sum to sign the property over t you think about it as an option. You could spend that much in legal fees fighting over the property.  Good luck. 

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