I Need to Take Someone Off the Deed to My Property

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“I Want Them Off the Deed!” Why It’s Not That Simple, And Why It Matters for Your Estate Plan.

At some point, someone may have convinced you it was a good idea to add their name to the deed of your home. Maybe it was for convenience, or maybe you thought it would help avoid probate down the line. But now? You want them off the deed—and you’re learning the hard way that it’s not as easy as it sounds.

Here’s the reality: once you add someone to the deed, the home is no longer just yours. That person becomes a legal co-owner, with all the rights and protections that come with ownership. And that means you can’t simply “remove” them like deleting a contact from your phone or editing a document.

We get calls like this almost every week. People are shocked to discover that they can’t unilaterally take someone off the deed. In most cases, unless the other person agrees to sign a new deed transferring their interest back to you, you’re stuck. And if they refuse? You may be facing a court battle, costly, time-consuming, and emotionally draining.

But this situation isn’t just frustrating, it’s dangerous for your estate plan.

If someone else’s name is on your deed, that person may automatically inherit your home after you pass away, depending on how the title is held. This situation could occur even if your will or trust states otherwise, as the deed may take precedence over those instructions. That’s because property ownership with rights of survivorship passes outside of probate and directly to the surviving owner.

It doesn’t stop there. If that co-owner gets sued, files for bankruptcy, or runs into serious debt, their share of your home could be at risk. A creditor could place a lien on the property or force a sale to collect what they’re owed.

Your home is probably one of your most valuable assets, and it deserves the same level of protection and consideration as your other estate planning choices. Therefore, it is crucial to think carefully before making changes to your deed and to understand the long-term consequences of those changes.

If you’ve already added someone to the deed and you’re having second thoughts, don’t panic, but don’t ignore it, either. Talk to an experienced estate planning attorney. We, at the Law Offices of Elsa W. Smith, LLC can help you understand your options, assess how the deed impacts your estate plan, and, if necessary, help you take the proper legal steps to protect your home and your legacy.

Information in this article is provided for educational purposes only and not intended to constitute legal advice. Please consult with a licensed attorney in your jurisdiction for help with your specific situation.