I want to remove my partner from the deed of my house?
I want to leave the house to my son....and want her removed from the deed.
2 attorney answers
Are you using "partner" as a cute euphemism for girlfriend, or do you actually have a partnership agreement? If you have a written partnership agreement, that should address how to separate property.
If it's a girlfriend, then you gave away half your house. That's what putting someone's name on a deed means -- it's not just a sign of togetherness; it is a legal transfer of half the house. That was very nice of you. But now she owns it. You can start by just explaining to her that it was a mistake to put her name on the deed and ask if she would agree to change that back. She would be foolish if she agreed, but she just might. After all, you were foolish and gave it to her in the first place, so she might reciprocate. But if she doesn't just agree, then you can make her an offer to buy out her interest. You might be able to lowball her and get it for less than half the value. But if she still doesn't go for that, you'll have to file a complaint in court to partition the property -- that is, force the sale and then divide the sale proceeds.
Be aware that this response does not create an attorney/client relationship. I live and work in Massachusetts and may or may not know the local laws where you live. I hope people find my responses not only helpful but somewhat entertaining as well. If you rely on this as legal advice, remember the old saying, "You get what you pay for."
Changed category to real estate. Unfortunately, unless your partner is willing to deed the property back to you, then your only option is to head to court and seek to partition the property. Of course, faced with the costs and risks of that process, the parties (meaning you and your partner) are better off negotiating a resolution. Likely you will have to pay her something to get what you want.
This answer is not to be considered legal advice. No attorney-client relationship is created in responding to this question. You are advised to consult with an attorney in your state to be certain of your rights and obligations relating to this question.