How Do I Get Someone Off the Deed to My House?

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“Several months ago I decided to put my fiancé on the warranty deed to my house. The mortgage is in my name. Before the deed had been recorded at the court house I found out that he is involed in some illegal doings. I called the court house and spoke to the clerk and she said that it had not been recorded yet. I told her my situation and that I wanted the recording stopped . She said she would do this if the real estate attorney said it was ok. She called the attorney and the attorney said that she would not stop it because my fiancé was the one that wrote the check to pay for the deed to be written and recorded.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Was the attorney right for doing this. I was the one that contacted the attorney in the beginning and handle everything my fiancé never once spoke to the attorney. I feel like I was done wrong because it was my choice to add him and if I changed my mind before the recording that was my right and it should have been stopped. To say the least his name is on my deed. Is there any legal action I can take against the attorney or can I have the deed with his name voided since I didn’’t want it done?”

You’re asking the wrong question. Your question should be: Why am I still planning to marry this man? Of course, I can’t answer that one.

I’m also having a hard time knowing where to start answering your actual question. Let me start with a dumb question of my own: Why can’t you just have your fiancee sign his rights back over to you? If he refuses . . . well, that ought to be a hint of things to come.

As for the attorney, in general, who pays for an attorney is not determinative of who is the attorney’s client (that is, person A can be the client even if person B pays the bill). But that leaves open the question whether you or the fiancee is the client. You may want to make a big stink; maybe the attorney will see it’s in her interest to placate you.

Good luck.

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Author: House Attorney

A house attorney has answered this question.

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