Q: Can my mother execute a quitclaim deed to remove my father from the deed without a divorce?
She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.
A: No. Only the person named on the title can remove themselves. Your mother needs to consult with a lawyer that practices elder law to see what her options are and if getting a guardian appointed is feasible.
Phillip William Gunthert agrees with this answer
A: Florida Homestead is protected from most creditors, in addition, your mom cannot remove your dad if he is on the deed unless she has power of attorney or some guardianship oversight, you may want to speak with and further discuss the specifics with a Florida estate planning attorney for more details and specific feedback.
If this is their homestead, a spouse cannot be removed from the deed (the property can't even be sold) without the consent of both spouses.
The other attorney who responded is correct, you likely will need to consult with a guardianship attorney to assist your father.
One bit of good news: dad's creditors will not be able to go after the homestead (unless its a debt related to, or secured by, the property such as a mortgage or mechanic's lien).
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