Oral agreement and Name removal off of deed

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Oral agreement and Name removal off of deed

I live in Florida where I bought a house and had my and my 26 year old daughter names put on the deed. Our agreement was she put the bills in her name and was to pay them. She has not withheld her part of the agreement. We might be getting our electric shut off tomorrow. Is there any hope of taking her name off the deed? She is an awful daughter and I want her to move out. She is a loser that is not working and refuses to leave.

Asked on February 28, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, you cannot remove her from the deed against her will. By putting her on the deed, you made her an owner of the home, with equal rights to the home as you have. You cannot force someone to give up their ownership interest in property. You also cannot force her to move out: any property owner has the right to live in the property. Your only option may be to sell the home (you can *sell* it against her will; if she does not consent to the sale, you can bring a legal action or lawsuit "for partition" for a court order compelling the sale), split the proceeds with her (as an owner, she is entitled to a share of the proceeds), and then go about your life without her.


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