How to get my in-law’s name off of our deed?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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