What happens ifI added my son to the deed of my home but have since remarried and he refuses to take his name off so that I can put my wife on?

UPDATED: Aug 2, 2011

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What happens ifI added my son to the deed of my home but have since remarried and he refuses to take his name off so that I can put my wife on?

I am divorced from my son’s mom for 12 years and when I purchased a home 9 years ago I added my son to the deed (not on the note) in case something happens to me. I met a young lady 9 years ago and got married 3 years ago. When I refinaced 5 years ago I gave my son about $120,000 to buy his home. I spoke to him last year about refinancing again and that I would be removing him from the deed to add my wife’s name on it. He refused and has not returned my contact attempts since. What are my legal options.

Asked on August 2, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When a person puts another person's name on a deed to real property and records the deed with the county recorder's office where the proerty is located as you did with your son, your conduct is considered a "gift" of the interest in the real property placed in your son's name.

A gift presented to the person who is to receive it cannot be taken back once given.

You cannot unilaterally remove your son's name from a recorded deed to your property. To remove your son's name from title to your home he needs to sign a deed releasing or granting his interests in it to you where his signature would be typically notarized. The deed would then be recorded.

It seems from what you have written, you gifted your son an interest in your home. If he does not want to give it back, your legal options seemingly do not exist.

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