How To Remove A Name From A Property Deed

Rightful owners of a property will be listed on the deed of the property. But in some cases, there may be a need to remove a person from the title, whether because of a divorce, death, or other significant change. 

To remove a person from a deed, a specific form needs to be completed, along with specific documents to support the claim. Let’s take a closer look at what is required to complete this process.

Key Points

• Reasons you may want to have the name of a co-owner removed from the title, include divorce, death, and disagreement.
• Two ways to remove a person’s name from the title include a quitclaim deed and warranty deed.
• The person being removed from the title may still be obligated to continue paying their share of the mortgage unless the loan is refinanced.

Reasons You May Want To Remove Someone’s Name From A Property Deed

There are a few situations that may warrant the removal of a person from a property deed, including the following:

Divorce 

In the event of a divorce, marital assets will have to be dealt with, including real estate. When it comes to the family home or other co-owned property, the ex-spouses have two options: 

• sell the home and split the proceeds of the sale, or;
• one person can buy the other out

In the case of the latter, the person who wants to keep the home will have to discharge the existing mortgage, which can be done by refinancing and obtaining a new home loan.

The ex-spouse who is exiting the deal will be given their share of the property value in cash. The remaining person on title will own the home entirely and be obligated to make all the mortgage payments going forward.

Co-Owner Disagreements

If there is a disagreement among co-owners on how to use or manage the property, you may want to remove yourself or the other owner from the deed.

Death Of An Owner

When a person on a property deed passes away, the property will need to be transferred to the living owners.

Clarify Ownership Of A Given Property

There may be times when the title to a property must be established or settled. In this case, a “quiet title” action may be needed. This will help establish ownership if ownership is in question and to remove any objection or claim to the title. This may be more common in the event of the death of an owner, after which a disagreement may ensue among the heirs regarding whether all heirs have been informed of the sale of the estate.

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Ways To Remove A Name From A Title Deed

There are a two main ways to remove a name from the title of a property: 

Quitclaim Deed 

A quitclaim deed involves transferring any ownership interest in a property. The person signing the quitclaim deed is essentially “quitting” or surrendering their rights or claim to the subject property. 

In this situation, there is no promise made about whether the title is free and clear of any liens or other issues, or whether there are any other rightful owners on the title. It simply involves the transfer of ownership interest to another person without making any guarantees.

There is no exchange of money or warranties, so the buyer has little protection. For this reason, a quitclaim deed is typically used among trusted individuals. For instance, these deeds may be used to transfer property among spouses after a divorce or among family members after a death.

While risky for buyers, sellers are protected from being sued by family members or ex-spouses if an issue with the deed arises at some point in the future. 

Warranty Deed 

Unlike a quitclaim deed, a warranty deed offers legal assurances to buyers. It stipulates that the seller actually has the right to transfer the property and that no one else owns it. It also assures that no outstanding debts or liens exist on the property. 

In short, a warranty deed effectively promises that the seller is the rightful owner of the property and the title is in good standing.

Warranty deeds are generally used for real estate deals or between buyers and sellers acting independently without any influence on one party from the other. It protects buyers from any title issues. Anyone who signs a warranty deed understands that they will not face any issues such as liens, unpaid taxes, or ownership disputes.

Removing Deceased Owner(s) Name(s) From A Title Deed 

There are certain situations that may require additional information or steps to take before the person can be removed from a property deed. Most notably, this may happen when an owner has passed away.

Removing A Deceased Owner’s Name

In order to remove the name of a person who has died from a deed, that person’s share of ownership will need to be transferred to the remaining living owners. 

Regardless of whether the deceased individual had a living will, you’ll be required to submit specific documents to the land registry office in your province as a surviving owner, including the following:

• Death certificate. Proof will need to be provided in the form of a death certificate of the person who passed away.
• Notarized affidavit. This is a sworn statement that the courts use to confirm the person’s death and your new ownership.
• The new property deed. You’ll need to sign and notarize the new deed, along with any other owners on title.

Removed All Deceased Owners’ Names

If all owners on the title have died, additional steps will need to be taken. If you are named an owner through a deceased individual’s will or by a court decision, the property deed will have to be modified to show that you are the new owner.

The original property deed should be carefully reviewed, and confirmation should be made to ensure that the property was not jointly owned when the owners died. If it wasn’t, you will need to draft a new deed to replace the existing one.

If an executor is involved — which is an individual who receives the estate of a deceased person — they’ll be responsible for administering and distributing the estate according to the will or the courts. An executor’s deed will need to include:

• The names of the previous owners
• Confirmation that the will has gone through probate
• Proof that the executor is authorized to transfer the deed

The deed must be signed in the presence of a notary public.

How To Remove A Name From A Title Deed

To remove a person from a title on a property, follow these steps:

Step 1. Understand Your Property Ownership Goals

Speak to other co-owners of your intentions and desires in order to come to an agreement about who will be removed from the title. If you are the person being removed from the title, make sure you understand your share of the property and who you are transferring your interests to. 

Step 2. Determine How The Name Will Be Removed

Decide which avenue to take to remove the person from the title; namely, choose between a quitclaim deed or warranty deed. The option you choose will be based largely on the relationship between the co-owners and the level of protection required for both buyer and seller.

Step 3. Get A Copy Of The Deed

Be sure to obtain a copy of the title to verify whether the person you wish to remove is actually named there.

Step 4. Gather Your Documents

You’ll need to have a few vital documents in order when removing a person from the title, such as the following:

• Title deed
• Quitclaim deed or warranty deed form
• Land transfer form

Step 5. Complete The Required Forms

You’ll need to provide certain pieces of information when completing your form, including the following:

• Name of the person transferring ownership
• Name of the person whose ownership is being transferred to
• Property address
• Date of the transfer
• Location where the deed is being signed
• Document number from the land title office where the prior deed was filed
• Reason for the transfer
• What the grantor will be receiving from the transfer
• Pertinent financial and tax information, such as the legal description of the property
• Type form of ownership

Step 6. Submit Your Form

After you’ve completed your form and gathered all necessary paperwork, submit it to the land registry office where the original property deed was obtained from. 

Types Of Property Ownership 

There are several types of ownership, including the following:

• Sole ownership. If only one person is on the title of the property, this is referred to as sole ownership.
• Joint tenancy. Two people who own a property together are part of what’s known as joint ownership, which is a common scenario among married or common-law spouses.
• Tenants in common. This arrangement involves two or more people sharing ownership rights in a property. Each independent owner may have an equal or different share in the property. When a tenant in common passes away, the property is passed on to that tenant’s estate.
• Tenancy by entirety. This is a type of ownership whereby each spouse owns an undivided interest in the property. When one spouse dies, the surviving spouse holds the title.
• Rights of survivorship. This is a legal arrangement whereby two or more people jointly own an asset. When one of the individuals passes away, the property automatically transfers to the remaining joint owner.

Is The Person Being Removed No Longer Obligated To Pay The Mortgage? 

No, not necessarily. A deed and a mortgage are two different things and confer different responsibilities and obligations — one is legal, while the other is financial. 

Just because a person’s name has been removed from the title does not mean they are free from their mortgage obligations. If their name still exists on the mortgage, they are still required to contribute to the mortgage payments, as they owe money. 

If the person being removed from the deed wants to eliminate their mortgage obligations, the remaining owner(s) will have to refinance the home loan to pay off the current mortgage and enter into a new mortgage agreement without the former owner. Also, if a new mortgage cannot be secured, then the property might need to be sold to repay the mortgage in full.

Additional Reading

How To Remove Yourself As A Cosigner On A Loan

How To Manage Debt In Divorce

Divorce In Canada: How Much Does It Cost And How Are Assets Divided?

Final Thoughts

There’s a rigorous process involved in removing a person’s name from a property deed. Depending on the complexity of the situation, you may want to enlist the services of an attorney to ensure the process is done properly.

Property Deed FAQs

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