What to do if co-owner removes your name from a jointly held asset?

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What to do if co-owner removes your name from a jointly held asset?

I was given money by my grandfather for a trailer. I put his name on it with mine because I was going through a divorce at the time. He stated in court that he gave it to me. The title read “and/or”. He then proceeded to remove my name from the trailer. Right now I am selling it for $3000. I recieved $2200 before he took my name off. Can I get the title back in my name? Do I owe the person buying the trailer her money back?

Asked on December 10, 2010 under Business Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to go and see an attorney on a consultation on this matter and bring the deed.  Generally speaking a party can not remove a joint owner of property from a deed.  You need both signatures on the deed in order to transfer it or at lease a power of attorney to do the transfer.  But the way that you have represented the wording on the deed it appears that you may have a problem with the entire validity.  And yes, I think that you will have a definite problem with the sale of the trailer as you can not transfer ownership to something that you do not legally own.  And at the moment you do not own it.  Good luck.


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