Is it possible to remove someone from the title of a land deed without their consent?

UPDATED: Sep 30, 2022

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Is it possible to remove someone from the title of a land deed without their consent?

We currently own a property that was partly gifted to us by an elderly friend. We were put on title in conjunction with him in an effort to avoid any misuse of the land by his family after his passing.

Recently, we have had a falling out and he is making an effort to remove us from title. Is there any legal avenue by which he will be able to remove us from the title of the deed without our consent?

What happens to his portion of the property after he passes? Does it go to his family or do we have a Right of Survivorship? What happens if he Quitclaims his portion of the property to another individual?

This is all happening within the state of Tennessee.

Asked on June 6, 2016 under Real Estate Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) No, you cannot be removed from the title without your consent (apart from, say a foreclosure, which will remove all owners), or if, since you and he evidently disagree about what to do with the property, he goes to court and gets an order for "partition" ordering that the property be sold and the proceeds distributed to the owners.
2) If you and he are joint tenants with right of survivorship, if he passes, the property becomes yours. But there are other ways to own the property jointly will not have it pass to you, but it will rather pass to his heirs. So it depends on how you and he own it together. Have an real estate attorney review your title and how it was passed to you to confirm your rights.
3) He can quitclaim his rights to another, but not more or different rights than he has, so whatever rights he has, he could pass to another person.

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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