can anyone take another person off of a deed

can a spouse take another spouse off of a deed without permission

Asked on June 5, 2017 under Real Estate Law, Kentucky


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general rule, a co-owner of real property cannot be taken of the deed without their knowledge and consent. Unless there is a court order (such as in a divorce proceeding), no one can lose their ownership rights unilaterally. If this has been done through fraud of some sort, you have legal recourse.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, one owner--whether spouse or simply some other co-owner of real estate--cannot remove the other one from the deed without the second owner's consent. No person can make another give up his/her right to or interest in property against his/her will (unless they had sued them and gotten a court order transferring ownership for some reason, such as in the course of a divorce and the distribution of marital property).

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