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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10236
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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On 7-21-2008 I sign a Quitclaim deed and I put my daughter

Customer Question

On 7-21-2008 I sign a Quitclaim deed and I put my daughter on the document She now 17 Years old and no longer live with us. I want to remove her from the document we adapted her on May 14 2004 she has become very mix’s up with life and I think she ran way with her boyfriend and move to Oklahoma I do not know where she is but. I would like to get an amendment to remove her name! Someone said that a child cannot enter into a contract under the age of 18 in the state of California. Without going to CCLT first is this right? Can someone help or no a way to remove her from this Quitclaim deed.
Legal zoom made the quitclaim deed for me in 2008.
thank you for your time
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry, but you cannot simply remove a person from a deed to property.

When you created the quit claim deed adding your daughter, you gifted a real property interest in the property to her. That property belonged to her at the time that you gave it to her. You cannot take it back.

The only way to transfer the property away from her is for her to actually agree to transfer or sell her interest in the property.

If you cannot reach her, or if it is impossible to get her to cooperate in management/distribution of the property, it is possible to force a sale of the property and division of the assets through a court proceeding called a "partition action" in which the court will order the property sold and the profits divided between the owners of record. But this is not a very economical way to dispose of property, so I would recommend trying negotiations or mediation first.

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