Salt Lake City, UT asked in Real Estate Law and Banking for Utah

Q: my mom and I are both on the title of the house how do I remove her off without her signing ?

She won’t sign for me to refinance. I am the main person on the loan and she’s a co-signer. I don’t want her on my loan.

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1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore
Answered
  • Business Law Lawyer
  • Spanish Fork, UT
  • Licensed in Utah

A: When you add someone to the title of your home, you have given them partial ownership. If you did not specify how much ownership on the deed, then everyone listed on the deed has an equal share. In a lawsuit started by either party, the home could be forced to be sold and the proceeds divided equally between the parties.

There is no way to remove someone from title without that person signing a new deed. This is why I normally recommend that my clients do not add others to their deeds for any reason, not even if they intend for the person to own the property after their death.

If you plan on giving someone your property after your death, take the property out of your personal name and place it in a Trust to skip probate.

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