How do I remove minor children from a house deed?
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How do I remove minor children from a house deed?
My parents added my kids and I to the deed for their house. Now they want to take a mortgage and were told it would be hard to do because my kids are minors. So they want to take my kids off the deed, which is fine, but I don’t know how they can do that. Can I sign off for my kids or can my kids sign for themselves? Do we have to get another person to represent the kids?
Asked on September 22, 2011 under Real Estate Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good question. Your parents created a problem by transferring legal title of real property to the minors themselves instead of their guardian or in trust. What needs to be done is to have a quit claim drafted to transfer legal title of the minors to whomever your parents want their interests to go to, possibly you.
The names on the quitclaim deed transferring the minor's legal title out of the property should be your name as their legal guardian and the minor's names. You and the minor children (assuming they are old enough to read and write) will need to sign the quitclaim deed before a notary public.
Once done, the quit claim deed will be recorded in the county recorder's office in the county where the property is located.
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