How do I amend a Deed?
My Brother and I are listed on the deed and I would like him removed and my wife added. What is the process involved in doing that? I’ve heard of a quit claim deed and a seller’s residency certificate. Do both my Brother and I have to sign off on the amendment? I mean, if I wanted to, what’s to stop me from removing him and adding my wife without his consent? Please Help! Thank you in advance.
The only one who can "deprive" your brother of his interest in the property is your brother. By what authority do you think that you have to simply take his interest away from him? Think if he were to do that to you…would that seem fair?
He would have to sign a new deed transferring his interest to you.
Think of it in terms of owning a car. If both of your names were on the title, could you simply go to the DMV and sign the title transferring his ownership interest to yourself without his permission/signature? Of course not.
He has to quitclaim his portion or undivided interest to you or you and your wife. If you just quit claim it without his approval, you commit a fraud and felony one at that.
The two of you own it together. If the two of you want to sell it to you and your wife, you can. If you are asking if there is something you can do to deprive him of his property rights without his agreement, the answer is no.
You cannot remove him without his consent.
Sorry you cannot steal from / or remove your brother from the deed. Unless, he dies, sells or quit his claim to the property.,