Generally, you cannot remove a valid co-owner from a Texas property title without that person's agreement or a legal basis to change the ownership reflected in the property's records. If the co-owner agrees to give up their share of the property, they may be able to sign a new deed transferring their ownership to another person. If they refuse, the available options depend on what the dispute is actually about. Some disagreements involve co-owners who no longer want to own property together, while others involve allegations that a deed is invalid, fraudulent, or does not reflect the property's true ownership. 

Before trying to remove a name from title, the first question is whether that person owns an interest in the property and, if so, how that ownership can be legally addressed. 

How Can You Remove Someone from a Deed If They Agree to Give Up Their Ownership? 

If a co-owner agrees to give up their share of the property, the process may be relatively straightforward. The co-owner may be able to sign a new deed transferring their ownership to another person. The type of deed or other legal document used will depend on the circumstances, but the important point is that the ownership interest must be properly transferred. Simply leaving someone's name off a new deed does not necessarily end their existing property rights. 

Before completing the transfer, the parties should understand exactly what ownership is changing and what the new deed will accomplish. This is especially important if there is a mortgage on the property because ownership and responsibility for the mortgage are separate issues. A person who transfers their ownership may still be responsible for an existing loan unless the lender separately releases them from that obligation. 

What Can You Do If a Co-Owner Refuses to Transfer Interest in the Title? 

If a valid co-owner refuses to transfer their interest, another owner generally cannot solve the disagreement simply by taking that person's name off the deed. Instead, the legal options depend on why the parties want to separate their ownership. 

For example, co-owners may disagree because: 

When valid co-owners cannot reach an agreement, a partition action may be one legal option. A partition action asks a court to divide the parties' ownership of the property or, depending on the circumstances, order the property sold and address how the proceeds are distributed. 

What Happens If You Believe Someone Was Improperly Added to the Property Title? 

If you believe someone's name appears on the property title because of an invalid or unauthorized transfer, the issue is different from a disagreement between valid co-owners. Instead of asking how to remove someone who owns a share of the property, the dispute may center on whether that person acquired a valid ownership of interest in the first place. 

For example, questions about ownership can arise when a deed is alleged to have been: 

In these situations, simply recording another deed may not resolve the problem. Depending on the circumstances, a Texas court may need to determine whether the disputed deed or ownership claim is valid and who has the legal right to the property. 

The type of lawsuit that may apply depends on the nature of the title dispute. Some cases may involve an action to remove a cloud on title, while others may involve a trespass to try title claim to resolve competing claims of ownership. These are different legal remedies, so determining what created the title problem is an important first step in deciding how it may be addressed. 

What Documents Should You Review Before Trying to Change Property Ownership? 

Before deciding how to address a disputed name on a Texas property title, determine how that person acquired the claimed ownership interest. The current deed is a starting point, but earlier property records may also matter. 

Documents worth gathering can include: 

These records can help distinguish a straightforward voluntary transfer from a co-ownership dispute or a more complicated title problem. 

Dealing With a Disputed Property Title in Texas? 

Is someone refusing to transfer their interest in a property, or do you believe a deed does not accurately reflect who should own the property? The Keller Firm represents clients in title, ownership, partition, and other real estate disputes throughout Texas. Contact The Keller Firm to discuss your situation and the legal options that may be available.

Disclaimer: This website is for informational purposes only and does not constitute legal advice. Do not act or refrain from acting based on anything you read on this site. Use of this site or communication with The Keller Firm does not create an attorney-client relationship.

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