Legal Question in Real Estate Law in Pennsylvania

how to remove my name from a deed

I would like some information about removing my name from the deed to my late father's house. Presently the names on the deed are my stepmother, my sister and me. The deed has not been transferred, so the property may not be sold by any of us at this time.Iwouldlike to give up my rights. Would a quit claim deed apply here?


Asked on 3/20/03, 8:38 am

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Re: how to remove my name from a deed

You may sign a deed releasing all interest in the property. However, not enough information is provided to properly advise you. You mention your father's death and do not provide any information as to value of the property. Both of these factors are important to evaluate what action you should take. If I can be of any assistance please let me know. Gerald Hershenson Esq. 215-579-9390

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Answered on 3/20/03, 9:36 am
Miriam Jacobson Retired from practice of law

Re: how to remove my name from a deed

It sounds as if you, your stepmother and your sister already had/ or have legal title to the house, without regard to your father's estate.

If there is no mortgage on the house from the three of you, you may give up your interest in the house by signing a quit claim deed, naming your stepmother and sister as the people to whom you are giving that interest.

If there is such a mortgage, you may want to obtain the mortgage holder's written consent, because transfer by a person whose credit was the basis for the mortgage loan would probably be a violation of the mortgage terms and could trigger a foreclosure.

If the house is still legally titled in your father or his estate, you may "renounce" your interest. If the estate has not been administered, there should also be an accounting and a family settlement agreement, assuming that the heirs are all in agreement.

You may wish to consult with an estates and real estate attorney near you or in the county where your father resided at the time of his death.

You have not articulated your reason for doing this, and you should also explore that with an attorney who can advise you about the means of achieving your goals.

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Answered on 3/20/03, 10:20 am


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