This is a question that you should pose to the lawyer who is representing you in the lawsuit. Generally, you cannot remove him from the deed without his consent, but you may be able to bring an action for partition and an accounting of expenses.
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By placing your son's name on the deed you gifted a portion of the property to him.
If he has never contributed to the purchase, mortgage, taxes, etc, you should ask for an accounting.
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To answer your question - no, you cannot simply remove his name from the deed. He is, for better or worse, half owner of the home with you. It does not matter at all what reason you had at the time you added him to the deed. You need to hire an attorney as the sale of the property is probably going to happen via partition action. You will need to establish your contributions to the purchase and maintenance of the property. Your lawyer should be able to take care of this for you.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : email@example.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
You cannot remove his name as quickly as you added his name, unfortunately. This is a matter that may have to be decided by a Judge if you all cannot agree. Try Mediation so that you all can resolve this matter without the vexation associated with litigation. If no possibility of a mutually beneficial resolution, a partition action will be necessary. The Judge may order one of you to "buy-out" the other OR order that the property be sold. Make sure you have all receipts for money spent by you in the preservation of the property -- maintenance, taxes, insurance, etc.
I agree with my colleagues. Unfortunately, you cannot just remove your son from the deed. It sounds like your son filed a partition action. You may want to try to mediate the case in order to avoid the expense associated with litigation. Many attorneys on here, including myself, offer free initial consultations. Best of luck!
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