If your son's name is on the deed, you can not take it off without his consent. If he agrees, you can have a lawyer prepare a new deed, that he signs, conveying the property to you. An attorney should charge you a few hundred dollars to prepare the deed, and you will also have to pay recordation costs, they vary depending on the value of the home. If he does not agree, you can file an action with the court to straighten the title, but most likely, you will be required to pay him his share of the equity in the house, or the court could order it sold, and the profits split. Since you can't just take his name off, it may not be a wise decision to put your daughter's name on the property since you may want to change your mind later. I suggest you talk to an estate attorney to draft a will listing who should get your assets when you pass away. When you meet with the attorney, you will want to bring the deed to the property so they can see whether it says that your son owns the property with you as joint tenants with survivorship. If so, you will want to take steps now to change the ownership, otherwise if you die, your son would be entitled to the property. Your attorney can give you details on how to accomplish this.
Answered on Jul 26th, 2012 at 5:21 PM