Q: How to get my son removed from the deed

My son was added to my deed with a grant deed. There isnt a place stating he gets 50% . They have him listed as TIC. There is no TIC paperwork or agreement. He claims he dont want any money from the sale but yet he refuses to sign any paperwork for the sale of the home unless he gets 100% of the sale. I bought this house cash by myself. He was only added because he has credit and i dont for a equity loan. Which was never done.What can i file to get him off of the deed? I live in the house my son lives in Az. My son has paid 5k in taxes in 10 years.

2 Lawyer Answers
N. Munro Merrick
N. Munro Merrick
Answered
  • Arbitration & Mediation Lawyer
  • Del Mar, CA
  • Licensed in California

A: You ask one question. Before anyone can provide an answer, you need to provide the answers to many questions, including but not necessarily limited to: Did you have any conversations with your son about the future disposition of the property? If so, were there any witnesses to those conversations? Who paid the taxes, insurance, and the lender? If it is a residence, who occupied it? Were any rent payments made and to whom? Why do you want to sell?

Answers to those questions would get a lawyer started on the problem. If your son refuses to agree to a sale on reasonable terms, you are headed for court. You can plan for a five-figure fee bill and the loss of your son's friendship.

Manuel Alzamora Juarez
Manuel Alzamora Juarez
PREMIUM
Answered
  • Estate Planning Lawyer
  • Berkeley, CA
  • Licensed in California

A: You have to initiate a partition action. Best of luck.

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