When two individuals are both present on the same deed, they have equal rights to the property in question. Decisions must be made jointly, and no one person has a majority say in any matter regarding the deed.
Many people question whether one party has the power to remove the other from a deed. In this article, we’ll discuss whether this is possible and what type of ramifications take place as a result.
If you own property jointly with someone, you might want to read this article. It’s important to protect yourself from potentially damaging situations when you’re invested in property with anybody.
Illegal Removal
Anyone can be removed from a deed without consent from the other party. However, in most cases, this is done illegally.
When these situations take place, the most common occurrence is a forgery of an individual’s signature. However, when this happens, it’s easily identified by the court, and the situation will be reversed.
It’s important to note that certain LEGAL situations may include the removal of a party from a deed. However, this must be done through a court order.
Legal Removal
The following situations are examples of when a person can be legally removed from a deed without their consent.
- If the property is foreclosed on
- If partition takes place
- If the government seizes all or part of the property for non-payment of taxes
- Criminal forfeiture through things like drug cases and other charges
- Eminent domain
If you believe that you are potentially part of any of these situations, you must contract the services of an attorney immediately. This is especially true if you’re the party being removed from the deed.
It’s possible that with the right counsel and the situation surrounding the matter, the decision for removal may be reversed. Alternatively, if you’re the party left on the deed, you need to know how to move forward to keep your claim on the property.
It may be a situation that requires simple action on your part, and an attorney can help you navigate the situation until you come to a resolution.
If you receive a notice for any of the situations mentioned above, your first course of action should be to contact your lawyer, then the county. Obtaining the information surrounding the situation could be the only way to preserve the property.
The last thing you want to do is lose your rights to a house or piece of land, especially through no fault of your own.
