How to Remove a Name From a Deed

People often sign deeds when they’re ready to close on a property, without ever anticipating a need to remove their name. That’s because when most people purchase real estate, they expect to own it for decades if not for life.

Yet, life happens. In the event of a death or divorce, people often want to know how to remove a name from a deed. This question often becomes relevant when it’s time to sell the property, or someone listed on the title is no longer interested in the property. 

In this article, I explain how you can legally remove a name from a deed.

How to Check for Unwanted Names on a Deed

If you want to sell your property, you will want it to have a clear title. To ensure your property’s title has a clean bill of health, any outstanding claims to the property need to be addressed. 

Outstanding claims to a property are considered a red flag to potential buyers. First, no buyer wants to close on a property only to learn that the seller sold a property that wasn’t theirs to sell. Second, any outstanding claims to the property will show up when you purchase a title insurance policy for the prospective buyer to review, and the sale may not be completed. 

Title insurance protects all parties participating in a property’s sale. If an unwanted name turns up on the property’s title, there are a couple of ways you can remove them, depending on your circumstances.

4 Ways to Remove Unwanted Names From a Deed

1. Quiet Title Action

The most thorough solution is to file a quiet title action. This is a legal proceeding used to resolve property ownership disputes, such as the property’s rightful owner. 

Here’s how it works: Once you file your suit, you will have to demonstrate to the court why you are the rightful property owner who should be listed on the title. Then, you must serve the lawsuit on any defendants who claim ownership of the property. The defendant has the right to file an answer defending their claim to the property. The lawsuit is then litigated before a judge or jury to determine the rightful owner of the property.

How long your suit takes can depend on the complexity of the case and whether the defendants respond to the complaint. If the defendants fail to respond within a specific timeframe, the plaintiff can seek a default judgment, which will expedite the process. 

However, if the defendants do respond and contest the action, your case could end up going to trial. So while some quiet title actions can be resolved relatively quickly, others can take longer. It really just depends on your circumstances.

Once the court determines a rightful owner, they will issue an order that will be recorded, and that individual will have a clear title. 

2. Quitclaim Deed

A quitclaim deed lets one person transfer their ownership interest in a property, but with a big caveat: there’s no guarantee they actually own the property. 

Quitclaim deeds can be risky for buyers because they lack any sort of guarantee. If it comes out later that the seller didn’t actually own the property, the buyer could be left with nothing once the title is transferred.

However, quitclaim deeds are valid transfers and are commonly used among families when one owner wants to transfer a property’s title to another. A quitclaim deed requires consent from both parties.  

3. Partition Action

A partition action is another way to remove someone’s name from a deed in Colorado. The goal of a partition action is to determine who owns what and ensure a fair distribution of property or proceeds. 

Essentially, a partition action is a lawsuit that will result in the property being divided or sold. 

The court will determine if the property can be physically divided. If not, the court will order the property to be sold, and the proceeds will be divided among owners in a fair manner as determined by the court. 

4. Buyout

A buyout occurs when one person’s ownership stake is purchased by the remaining owners. If you’re stuck on how to remove a name from a deed, a buyout may be a viable solution.

The buyout process for property ownership works much like it does with business partners. If someone wants their name removed from a deed, the remaining owners would purchase the departing person’s share of the property. 

Figure Out How to Remove a Name From a Deed

Property titles can get convoluted, especially when multiple people are involved. Our Real Estate Team can help you clear your title of any unwanted names. Call 303-688-0944 to begin your case assessment.