How to get my in-law’s name off of our deed?
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How to get my in-law’s name off of our deed?
My in-laws co-signed for our home. However, now we just realized that they had the deed with mine and my wife’s name and theirs as joint tenants, not
tenants in common with survivorship rights. We thought only our names would be on there. What can we do to remove them, if they will not sign quit claim deed?
Asked on July 31, 2018 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You most likely can't get them off against their will (i.e. if they won't consent and quitclaim): if they co-signed for your home and are on the deed, they are owners, and you can't make someone give up any interest in or ownership rights over property without their consent. You unfortunately have to live with the consequences of them being on your deed UNLESS you can show that they committed fraud or forgery or theft by deception in some way (basically, deliberately tricked their way into being on the deed, when they know they should not have been) or that all four of you (you, your wife, and your in-laws) all understood at the time the transaction occured that they would not be on the deed (but if they thought that as part of cosigning they would be, then even if you understood differently, you cannot remove them; it requires a "mutual mistake" to undo the deed). And if you believe that one of the two situations above is the case, you'd have to sue them in court, seeking a "declaratory judgment" (court determination) and court order, and in doing so, as the person suing, would have the burden of proving your case.
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