After death or a divorce, people often want to know how to remove someone from a property title. This question often arises when it’s time to sell the property. Or perhaps a previous owner has moved on and is no longer interested in the property. Whatever the reason, it’s time to move on.
Real Estate & Litigation Attorney explains how you can legally remove someone from a property title.
Need Help to Remove Someone from a Property Title?
Our Real Estate Team has helped countless individuals ensure their property’s title reflects the true owner. If you need help to remove someone from a property title, set up a 30-minute case assessment with one of our attorneys. Call 303-688-0944 to schedule that meeting.
How to Remove Someone from a Property Title
In order to get title insurance if you want to sell the property, the title company will require a clean title. If there is someone on the title who should not be there, you have a couple of ways to get them off the title depending on your particular circumstances.
Quiet Title Action
One solution is to file what’s called a quiet title action. A quiet title action determines the property’s actual owner.
This legal action is filed with the court. You’ll make a short statement about why you think you are the proper owner and why your name alone should be on the title. Then you give notice to anyone else who might have a claim to the property.
Colorado law requires that the courts determine a property’s rightful owner when you file a quiet title action. Do not expect the court to reach a conclusion right away. This process can take anywhere from eight to 10 weeks, sometimes more. The more people who have a stake in the property, the greater the likelihood the process will take longer.
Once the court determines the rightful owner, that individual will have sole ownership and a clear title of the property.
A quitclaim deed is often used to transfer property from one family member to another.
With a quitclaim deed, there is no warranty or guarantee that you will physically have the property once the title is transferred. Instead, it means that one person transfers their interests in the property to someone else.
A quitclaim deed can come up in the context of a divorce or other situations, such as when someone was paying for the property or working it and they no longer need to be on the title.
Learn More About Your Options
Property titles can get convoluted especially when various people are involved. Our Real Estate Team can help you determine which avenue will help you obtain a clear title so you can be on your way.
Call 303-688-0944 to set up a case assessment. Robinson & Henry attorneys can help you get your title squared away.