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How do I switch owners on a house?

Asked almost 3 years ago - Tulsa, OK

My ex and I purchased a house for my disabled son. At the time, he had custody so the lawyers put the house in his name with me holding a lien for half of the value. I now have custody but I can not remove him from the house since he is on the note. So I have a room at the house where I stay some of the time. He has been in jail a few time and was recently arrested again. I would like to get his name off of the house so I can stop this drama. Can I quit claim it or what can I do. He has taken a 2nd mortgage against the house also which he was not supposed to.

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Attorney answers (1)

Margery Ellen Golant

Reputation Level 18

Answered almost 3 years ago. Foreclosure Attorney in Boca Raton, FL.

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You cannot quitcliam away his interest, only he can. If he will not, your only other option would be to file some sort of action to see if the court would compel him to convey.

Unfortunately, it sounds like the original set-up of this arrangement was not well-advised. Regardless of which of you had custody, putting title in his name alone was an invitation to trouble.

You should consult a local litigation attorney to see what might be feasible in your state. And, even if title were somehow conveyed, the second mortgage would still be an issue unless the court were to force him somehow to pay it off.

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