South Ozone Park, NY asked in Real Estate Law for New York

Q: Can we remove my son from the deed. he refused to sign a QCD

My husband and my son purchased our two family home.. He is not my husband biological son. My son abandoned the property two years ago and stopped paying the mortgage. How can we him removed from the deed.

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Without your son's consent, your only option is a partition case in Supreme Court. You would buy him out at the sale.

Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: Although your son may not live at the property and may have stopped contributing to the mortgage payments, he remains an owner of the property and you cannot simply have his interest terminated. You can offer to buy out his interest but your son is under no obligation to accept your offer and transfer his interest to you or your husband. Instead, as my colleague mentioned, you can commence a partition action in Supreme Court. However, a partition action forces a sale at auction of the property and you may still need to negotiate with your son if you wish to retain ownership of the property. In addition, you may need to refinance any mortgage on the property if your son is listed as a borrower and he seeks to transfer his interest.

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