My dad and I have both our names on a house deed. How do we go about taking his name off where I am the sole owner?
Question Details:
A Quit Claim Deed will transfer any ownership that your father may own in the property. But if the property is financed, then you may be violation of the mortgage, which strictly forbits transferring ownership, changing ownership in any way, or creating any other encumbrance to the title. Also, should you go to sell it, there are title insurance companies that my be issuing title insurance to the buyer that take a very dim view of Quit Claim Deeds. The cleanest and legally strongest deed is a General Warranty Deed.
My office is in Horry County if you have any other questions or need help.
Robert Johnston
843-828-1137
Your father can "quit claim" his interest in the property to you. However, a quitclaim deed will be needed. Technically, while it is something that you can do yourself, you would be well advised to consult with an attorney. For a minimal fee they can make sure that it is properly drafted, executed and filed. They can also make sure that if the house is financed that any such transfer will not violate any provisions of the mortgage and trigger an acceleration, (ie have it become immediately due and payable).
Note: You should consider using a General Warranty deed. It is legally your best option.
