Q: How to get my sisters name off our deed?
Before our mother passed, she put the deed into mine and my sisters name. My sister hasn’t resided there since our mother passed, she lives elsewhere in the county, she doesn’t get mail at the address, she doesn’t help with upkeep of property nor does she pay any of the taxes. We no longer are on speaking terms, I know I can re-deed the property if she were to sign off, but I don’t think she will out of spite. Can I somehow get her off the deed thru a loophole of sorts, perhaps since she has abandoned the property or any responsibilities?
Thank you
A:
As a co-owner, your sister is responsible for half the taxes and other municipal charges. She is also responsible for half the improvements. However, since you live there, she has the right to receive rent. Possibly, if you were to contact a lawyer and sue her, she would surrender and give you a deed as a settlement of claims. There is, however, also a possibility that she would counterclaim against you for the rent she is entitled to.
You need to sort all this out with a lawyer. It will likely be fairly expensive. Your easiest, least expensive and fastest way to handle this is to talk to her and try to get a deed. The deed should be accompanied by a mutual release. A lawyer would be needed to do the deed and the release.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
