How do I remove someone’s name from a deed?
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How do I remove someone’s name from a deed?
My ex-boyfriend and I are co-renters of a timeshare. The relationship has been over for almost three years, and I want to get his name removed from the deed. The title company sent me a document to be notarized, but my ex is on drugs and is in the streets, and I have not been able to find him. I want to get this resolved so that I can try to sell it because it’s gotten too difficult to make the monthly payments, not to mention the annual maintenance fee.
Asked on August 16, 2010 under Real Estate Law, District of Columbia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I would consult with an attorney in your area for help. Technically you can do nothing without his consent or signature. Ask the attorney if you can bring an action for partition of the property or the property rights really, and see if the court will order the property rights sold. But you will still have to prove that you have served your ex with notice of the proceedings against him. This usually means hiring an investigator or doing what is known as a "due diligence" search to find him and if you do not locate him, allowing service by an alternative means such as publication. It will not be easy but it will be the legal way to proceed. Good luck.
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