Can a name be removed from a deed without consent?

UPDATED: Sep 30, 2022

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Can a name be removed from a deed without consent?

My mom left her house to me and my sister. Both of our names were added to the
deed but now I see that my sister is the only name on the deed and I did not
consent to that. I did not know she did it. How is it possible that my name was
removed without my knowledge?

Asked on October 24, 2016 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Legally, it may only be removed from the deed with your consent or by court order (e.g. if a court somehow found that the transfer to you was fraudulent and reversed it). It is possible that your sister forged or falsified documents from you that you were giving up your interest--and it's also possible this was some innocent mistake made by the clerk's office at some point.
Speak to your sister first--ask her if she knows what happened. If this was an innocent error, it can likely be corrected fairly easily, by her transfering half the interest in the property to you. (You may need a lawyer's help to get the paperwork right and file it correctly, but that's just a matter of getting the formalities correct.)
But if you do not receive a satisfactory answer and cooperation, you may need to file a lawsuit against your sister claiming she has in some way fraudulently or illegally removed you from the deed, seeking a court order adding you to it.

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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