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Can a 1/3 owner of property be removed from the title without their consent?

Question Details:I am a 1/3 owner on the deed to my fathers house (he is still living). He has asked me to sign off my portion of the deed to his house due to discontent with my sister (the other 1/3 owner); he owns the last 1/3. Can he do this without my knowledge? Would I in fact have to agree and sign something?

Asked 2 years ago under Real Estate | 853 Views | More Legal Topics

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Christopher Vaughn-Martel | VAUGHN-MARTEL LAW Answered 2 years ago | None Contributor with 0 answers This Boston, MA attorney is licensed in Massachusetts

Please note that I am licensed to practice law in the Commonwealth of Massachusetts.

Assuming that you do legally own 1/3 of the subject property with your father, he may not transfer your interest without your consent.  Assuming your father is intent on removing you from the deed, he has two options: (1) he may purchase your interest in the property with your permission and remove you from the deed, or (2) he may commence a partition action in the land court or family and probate court and ask the court for an order to sell the property and divide the proceeds.

Please feel free to contact my office if you would like any further information or advice on your particular situation.  617-357-4898.

Henry Lebensbaum | Law Office of Henry Lebensbaum Answered 2 years ago | None Contributor with 7 answers This andover, MA attorney is licensed in Massachusetts

You can be asked, but you cannot be forced.

One you have an interest, it is yours literally until you die.  You can bought out, a partition can be filed, but to demand the property back without more is merely a plea, a request and nothing more.

B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 2 years ago

You would absolutely have to sign "something," specifically a new deed of one sort or another, as long as the deed with your name on it has been recorded.  If that deed has not been recorded, and you have no proof of your ownership interest such as the original deed or a good copy, then you might have a problem in court, should your father decide to do something less than honest.

The law insists that ownership of land, and any change in that ownership, has to be put in writing.  The writing has to be signed by the person who has the ownership and is changing it, and that signature has to be sworn to (notarized).  The only way you can lose ownership of land, without signing something like this, is by a court order or judgment.

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