Deed

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Deed

How can I get someone off my deed in NYS. I own 99 and they own 1. I offered
money and asked to take him off amicably but to no avail. What would be my next
step?

Asked on August 20, 2019 under Real Estate Law, New York

Answers:

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

Answered 1 year ago | Contributor

You can't simply just remove a co-owner from the deed, no matter how small their ownership interest. However, you can either offer to buy them out of their share (which indicate has not worked) or you can go to court and force a sale (i.e. file an action in "partition"). At such point that the property is sold, your co-owner will be paid their proportionate share of the sale proceeds (i.e. 1%). Otherwise, I'm afraid that you'll have to just live with co-ownership.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can't get him "off my deed": a 1% owner may only own a tiny fraction, but ownership is  ownership--you can't take away his 1% against his will any more than you could legally steal a $0 bill from his wallet. What is his is his and you can't take it away or force him to give it up; he would have to choose voluntarily to relinquish it.
You could sell the property, give him his 1% of the proceeds and go your separate ways (and if he refuses to agree to a sale, there is a way to get a court order requiring it), but that's your only option.


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