If both mine and my brother’s name are on the deed, how can I get his off if he is not helping make any mortgage payments but still living in the property?

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If both mine and my brother’s name are on the deed, how can I get his off if he is not helping make any mortgage payments but still living in the property?

I added my brother to the property title a few years ago with the agreement that he would take half the responsibility of the property and because my parents wanted it that way. His name and my name are on the the title, but my name is on the loan. The property has 3 units. We both live on the property but separate units. He refuses to pay his part but still lives on the property. His last full payment was 3 months ago. I have been the the one collecting his and the tenants money of the 3rd unit. All monthly payments along with property taxes have been paid under my name only. What can I do?

Asked on January 5, 2012 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your brother can sign a quitclaim deed releasing his entire interest in the property to you.  The quitclaim deed needs to be signed in the presence of a notary and then recorded.  Recorded means filed with the County Recorder's office.

By signing the quitclaim deed, your brother will relinquish his ownership of the property to you.

A quitclaim deed is a deed of conveyance which operates by release, in other words it passes any title, interest or claim to the premises to another party.

 


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