How doI remove my mother from the title to my house?

UPDATED: Jan 21, 2011

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How doI remove my mother from the title to my house?

I added my mother to the title of my house so that I could get a better rate on a home improvement loan. The loan has been paid off and now I need to remove her from the title. The mortgage is all in my name only I make all the payments.

Asked on January 21, 2011 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

YOU can't remove her from title...only she can do so. That's because title is more than a legal fiction--it's an actual ownership interest, and you can't unilaterally take away another's ownership interest. She can give you back the title by executing a quit claim deed in your favor or by selling you her title, even for a nominal amount. However, since what you do and how you do it can have serious consequences for both you (e.g. in terms of taxes), you should consult with a real estate attorney. Explain the situation and what you want to do; the attorney  can then recommend the best way for you to get your mother off title, though remember--she'll need to agree and to comply with the instructions.

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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