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Can I quit claim a property deed to remove someone who is on the deed but not on the mortgage to the property?

Lake City, FL |

This couple is not married and the man that was added to the deed is now in jail. The owner/mortgagee would like to remove him from the deed. Can a quit claim do this?

Attorney Answers 3


The person you want off title has to agree to come off. That is the person that has to sign the quit claim deed.

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The person who is currently in jail would have to sign a deed transferring his interest to the other owner. You can use a quit claim deed, a warranty deed, or a special warranty deed to accomplish the transfer. The deed would have to be signed in the presence of two witnesses and a notary. When the deed is properly executed, it should recorded in the public records of the county in which the property is located. Documentary stamps, reflecting the amount of consideration (probably half the mortgage balance) would have to be paid on the deed at the time of recording.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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Yes, the owner/mortgagee can ask the co-owner in jail to execute a quit claim deed to relinquish his interest in the property.

This information is being provided for informational purposes only and is not to be taken as legal advice or to establish an attorney-client relationship. For more information on the experience of our attorneys and the services of our Firm, please visit our website at

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