How do you get your name written out of a property title legally?

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How do you get your name written out of a property title legally?

Do the other parties on the title have the right to refuse? Here’s the story, a friend of mine wants his name be taken off of a property title bought jointly with his older sister and younger brother. He wants to move out to give his family a better and a happy place. His family lives on a separate division of the house but the problem is no privacy. Members of the family come in and out as they please. Another reason, is no respect. They listen to the conversation on the phone extension. He is no longer interested in the property and neither on reimbursing the monies he spent for the improvements and repairs on the house.

Asked on November 18, 2011 under Real Estate Law, Washington

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your friend can release his entire interest in the property by a quitclaim deed.  A quitclaim deed means that your friend is giving up his interest, right, ownership, etc. in the property and he is transfering his interest in the property to his sister and brother.  The parties (your friend, his brother and sister) would have to sign and date the quitclaim deed in the presence of a notary.  Your friend would then need to record the quitclaim deed.  Record means file the quitclaim deed with the County Recorders Office.

You also asked if the brother and sister could refuse.  They could refuse to sign the quitclaim deed, but that wouldn't make any sense because if they don't sign and let's say the property is sold sometime in the future, then the proceeds will be divided among three people (your friend, the brother and sister) instead of just the brother and sister.  So, it is in the interest of the brother and sister to sign because then the proceeds of a future sale of the property will only be divided in half instead of in thirds.


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