How doI remove my mother from the title to my house?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 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.
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