Is it possible to remove someone from the title of a land deed without their consent?
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Is it possible to remove someone from the title of a land deed without their consent?
We currently own a property that was partly gifted to us by an elderly friend. We were put on title in conjunction with him in an effort to avoid any misuse of the land by his family after his passing.
Recently, we have had a falling out and he is making an effort to remove us from title. Is there any legal avenue by which he will be able to remove us from the title of the deed without our consent?
What happens to his portion of the property after he passes? Does it go to his family or do we have a Right of Survivorship? What happens if he Quitclaims his portion of the property to another individual?
This is all happening within the state of Tennessee.
Asked on June 6, 2016 under Real Estate Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) No, you cannot be removed from the title without your consent (apart from, say a foreclosure, which will remove all owners), or if, since you and he evidently disagree about what to do with the property, he goes to court and gets an order for "partition" ordering that the property be sold and the proceeds distributed to the owners.
2) If you and he are joint tenants with right of survivorship, if he passes, the property becomes yours. But there are other ways to own the property jointly will not have it pass to you, but it will rather pass to his heirs. So it depends on how you and he own it together. Have an real estate attorney review your title and how it was passed to you to confirm your rights.
3) He can quitclaim his rights to another, but not more or different rights than he has, so whatever rights he has, he could pass to another person.
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