How do you remove a family member's name from a land deed?

The aunt needs to sign a “quit claim” deed relinquishing her interest in that portion of the property. Did she replace grandma as the sole deed holder or do they hold title jointly? How exactly is title held? The words are important here.

@judi has hit the basic legal stuff. You will want to have a lawyer (and possibly the title company) managing this process, because if it is done wrong, then you have a whole lot of problems.

One question, is the aunt going to give trouble, or will she go along with the change in deed pleasantly?

You cannot remove someone’s name without her consent. I have trouble understanding how the aunt could simply add her name to the deed without any legal authorization.

If there is any disagreement about the arrangements you will have to hire a lawyer.

My aunt has already told her that she’s not taking her name off the deed. She wants the property for her son and won’t let my grandma even sell unless it’s to him.

The deed is recorded by city / municipality in the records downtown. If the aunt just wrote her name on a copy of the deed it is not valid. Get a lawyer for you grandmother.

@ShadoFoxx – this is going to get ugly. You need a good property lawyer and possibly a good family law lawyer.

We unfortunately are expecting it to get ugly, and my grandmother has an appointment Monday with a property lawyer. I’m encouraging her to take any related material, including the taxes which have the land in her name and proof that she’d paid them for the last four years.

So the 14 acres were split up? And, you grandma was selling a portion of the land for $11k, but when the documents were drawn up they were for the whole parcel of land and your grandma didn’t realize? Is that it? This is confusing to me. @Judi is right that a quit claim is the simplest way to get someone off a deed, but the person has to agree to be taken off. Do you think your aunt purposely deceived your grandma? Is it possible your grandma knew what she was signing and now some of the siblings of your aunt are pissed of? And, they are stirring the pot?

My aunt purposely deceived my grandmother. The sale on the 14 acres occurred 4 years ago and my grandmother just found out a few days ago that my aunt had added her name to the whole property. None of my grandmothers children knew anything about the land issue until recently, beyond my aunt “buying” the 14 acres for well under property value.

In a shady deal like that, it sounds like you might be able to vacate the illegal transaction, and effectively remove her from it. You would still need a lawyer.

She should really get a lawyer involved. Is she willing to prosecute her known daughter for fraud? At the very least I’d she challenges the deed she can create a cloud on the title so the daughter can’t sell it if something happens to her.

@ShadoFoxx Added her name to the whole property? But, at the time your grandmother signed to add your aunt it would have said on the documents to what portion of the property whole or otherwise. Something doesn’t make sense. @Judi is right about the cloud on the title. That would make it difficult for the aunt to sell the property and also show intentions if your grandma died (God forbid) and the other children wanted to fight in court about the land.

I would assume the aunt added her name and paid the money to secure inheritance? Although, I have never heard of someone paying to do that, but they might if their parents needed the money. That’s the only reason I can figure doing this, because the aunt cannot sell the land without the grandma’s signature unless they hold the land now as tennants in common. Which is possible actually. If you look at whatever your grandma signed it will likely say tennants in common, or joint tennancy (@Judi‘s link mentioned this). Tennants in common would mean your aunt and grandma own the land 50/50 and your aunt most likely can sell half without your grandma’s signature. It also means if your aunt dies (God forbid) the 50 percent ownership goes to her heirs. If it is joint tennacy and your aunt dies, then her half goes back to your grandma.

I think it is possible your grandmother knew what she was doing, but now the other children are upset and she wants to undo it. I could be wrong. I don’t see how she would not realize it is the entire parcel of land? But, of course anything is possible. She may not have read the documents thoroughly, because she trusted her daughter,

We owned property in Connecticut which when we sold, we found out the title was not complete ( the mother of the then owner had not signed the title or deed ). WE had title insurance and luckily it was turned over to them. We were able to close to sell the house, without the insurance the sale might not have been done.