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Scotts, MI asked in Real Estate Law, Landlord - Tenant and Domestic Violence for Michigan

Q: How to remove son from deed and evict him in Michigan?

I need legal advice on how to remove my adult son's name from the deed of my house and how to legally evict him. He does not contribute financially to the house, and there is no contract regarding his residency. He's unwilling to cooperate in resolving this issue and has become aggressive, causing me to fear for my safety. What legal steps can I take in Michigan?

2 Lawyer Answers

A: You cannot simply take someone's name off a deed. And because of that, you're going to be unable to evict him as, legally, he also owns the house.

If you have fear for your safety, you may want to look into obtaining a PPO.

James L. Arrasmith
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Answered

A: What you’re going through sounds incredibly painful, especially when it involves someone you love and your own sense of safety at home. If your son’s name is on the deed, then he has a legal ownership interest in the property, regardless of whether he contributes financially. In Michigan, you cannot remove someone from a deed without their agreement unless you go through the court system, such as filing a partition action, which asks the court to either divide or sell the property and distribute the proceeds.

If you fear for your safety, you may also want to consider filing for a personal protection order (PPO), which can offer immediate legal protection. A PPO doesn’t resolve the deed issue but can keep him away from you or limit his access temporarily. If you no longer want him living there and he won't leave willingly, you would need to file for eviction, which is a separate legal process from the deed ownership. But keep in mind, you can only evict someone if they don’t have an ownership claim—so you’ll need to resolve or address the deed first.

Document everything: incidents, threats, and financial contributions—or lack thereof. If the situation continues to escalate, calling local law enforcement for safety concerns may also be necessary. You have every right to feel safe in your home, and although the legal path may be complicated, you don’t have to accept this behavior under your own roof. Take it one step at a time, and don’t hesitate to protect yourself first.

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