How to Remove Someone From a Deed in New York (With or Without Their Consent)

Written and reviewed by Albert Goodwin, Esq., Law Offices of Albert Goodwin, New York City

In New York, you cannot lawfully take a co-owner's name off a deed on your own. A person comes off title in one of two ways. Either they sign and deliver a new deed giving up their share, or a court orders the change through a partition action, a divorce judgment, or a quiet title action. The one exception is death. When a joint tenant or a spouse who owns as tenant by the entirety dies, the survivor already owns the whole property, and nothing needs to be removed.

If someone has recorded a deed that cuts you out without your signature, that deed is a forgery. Under New York law, a forged deed is void and passes no title. You still have to go to court to clear the record, and you should act quickly. This page explains each route and what to do if you think your home has been stolen through a fraudulent deed.

Quick guide: which situation are you in?

• The co-owner agrees to come off the deed: they sign a new deed, and it is recorded. See Removing a co-owner who consents.
• The co-owner refuses: your options are a buyout, a partition action, or, between spouses, a divorce judgment. See When the co-owner will not sign.
• A co-owner has died: what happens depends on how title was held. See When a co-owner dies.
• You think you were removed without your knowledge: see Deed theft and forged deeds.

Removing a co-owner who consents

This is the most common situation and the simplest. The departing owner signs a deed conveying their interest to the remaining owner or owners. Nothing changes until that deed is signed, notarized, delivered, and recorded.

Which deed to use

• Quitclaim deed: transfers whatever interest the signer has, with no promises about title. Family members and divorcing spouses often use one.
• Bargain and sale deed (with or without covenant against grantor's acts): the standard New York residential deed. The version with covenants includes a promise that the signer has not encumbered the property. Title insurers and lenders often prefer it.

The deed must describe the property exactly as it appears in the prior recorded deed. In New York City, it must also carry the correct borough, block, and lot. The signature must be acknowledged before a notary under Real Property Law §§ 291 and 309-a.

Recording and tax forms

• Where to record: outside New York City, with the County Clerk for the county where the property sits. In the five boroughs, with the Office of the City Register through the Department of Finance's ACRIS system.
• RP-5217 (Real Property Transfer Report): filed with the deed. In New York City it is the RP-5217NYC.
• TP-584: the New York State real estate transfer tax return under Tax Law Article 31. It is filed even when no tax is due.
• NYC-RPT: the New York City Real Property Transfer Tax return, required for properties in the five boroughs.

Transfer tax depends on the consideration paid. A pure gift between family members often results in little or no transfer tax. A buyout, or a transfer where the remaining owner takes over mortgage debt, may be taxable. Get the forms right before recording. A rejected or incorrect filing can delay the deed for weeks.

Problems a consent deed does not solve

• The mortgage: taking someone off the deed does not take them off the loan. The person who signed the note stays personally liable until the lender releases them or the loan is refinanced. Federal law (the Garn-St Germain Act, 12 U.S.C. § 1701j-3) limits a lender's right to call the loan due after certain family transfers, such as a transfer to a spouse or a transfer under a divorce decree. Still, check with the lender first.
• Gift tax: if the departing owner gives away a share worth more than the federal annual exclusion, they may need to file a federal gift tax return (Form 709). Usually no tax is owed. New York has no separate gift tax. However, gifts made within three years of death can be added back when the state calculates New York estate tax.
• Capital gains: a share received as a lifetime gift keeps the giver's original tax basis. A share inherited at death generally gets a stepped-up basis. For an older parent, that difference can be large. Get tax advice before deeding a house to a child.
• Medicaid: giving away an interest in a home can create a penalty period for Medicaid long-term care eligibility. The lookback rules are strict.

A straightforward consent deed usually takes a few weeks from drafting to recording. Much of that time goes to gathering the prior deed, mortgage information, and tax forms.

When the co-owner will not sign

If the other owner refuses to sign, no form or filing will remove them. You need an agreement or a court order. The right path depends on how the two of you are connected.

Siblings, heirs, and unmarried partners: buyout or partition

Any co-owner who is not a tenant by the entirety can ask the court to divide or sell the property under Real Property Actions and Proceedings Law (RPAPL) Article 9. If a physical division would harm the owners, which is nearly always true for a single house or apartment, the court can order a sale and divide the proceeds after accounting for each owner's contributions. Partition does not hand you the other owner's share. It ends the co-ownership, usually through a sale.

For inherited family homes, New York added protections in RPAPL § 993, based on the Uniform Partition of Heirs Property Act. These rules can give co-owners a right to buy out the owner who sued before any sale is ordered. Courts must also consider whether a sale is fair to family members with long ties to the home.

Most of these disputes end in a negotiated buyout, often while a partition case is pending. We cover each piece in more depth on separate pages:

• How a New York partition action works, step by step
• Making a buyout offer to a co-owner
• Responding to a buyout offer you received
• Buying out siblings or other heirs in an inherited house
• Options when a house is in two names and the owners disagree

Contested partition cases in New York commonly take a year or longer, especially if a referee is appointed to sell the property.

Spouses: divorce and equitable distribution

Married owners usually hold title as tenants by the entirety. Under Estates, Powers and Trusts Law (EPTL) § 6-2.2, that is the default when property is conveyed to two spouses. Neither spouse can force a partition or unilaterally convey away the other's survivorship rights while the marriage lasts.

In a divorce, the court divides marital property under Domestic Relations Law § 236(B). It can award the home to one spouse and direct the other to sign a deed. Once the divorce is final, a tenancy by the entirety becomes a tenancy in common by operation of law. If the ex-spouse ignores the judgment, the court can enforce it.

A common problem is a divorce judgment that awards the house to one spouse when no new deed was ever signed or recorded. The ex-spouse's name stays on title for years. The fix is usually a deed signed under the terms of the judgment or a motion to enforce it. Recording the deed promptly avoids trouble when you later sell or refinance.

Can you change ownership without the other owner's signature?

One unilateral step is allowed. Under Real Property Law § 240-b, a joint tenant can sever a joint tenancy by signing a written instrument, and Real Property Law § 240-c requires that instrument to be recorded. Severance turns the joint tenancy into a tenancy in common. Each owner's share then passes through their own estate instead of to the survivor. Severance does not remove the other person from the deed, and it is not available for spouses who own as tenants by the entirety.

When a co-owner dies

Death often requires no removal at all. It depends on the wording of the deed.

• Joint tenants with right of survivorship: the surviving owner automatically owns the whole property. The survivor usually records a certified death certificate, often with an affidavit, to update the record.
• Tenants by the entirety (spouses): the same result. The surviving spouse owns the entire property.
• Tenants in common: the deceased owner's share does not go to the other owner. Under EPTL § 6-2.2, a deed to two or more unmarried people creates a tenancy in common unless it expressly says otherwise. The share passes under the will or, without one, to heirs under EPTL § 4-1.1. An executor or administrator usually has to be appointed before that share can be transferred. See our pages on letters testamentary, letters of administration, and, in some cases, an affidavit of heirship.

Even when title passes by survivorship, the surviving owner may need a release of the New York estate tax lien (Form ET-117) before a buyer's title company will insure a sale. If a relative remains in the house after a parent's death, see what to do when a sibling refuses to leave a parent's house and getting access to a house after an owner dies.

Can someone remove you from a deed without your knowledge? Deed theft explained

Lawfully, no. In practice, deed theft is a well-documented problem in New York, particularly in parts of Brooklyn and Queens. It most often targets older homeowners, inherited houses, and properties in foreclosure. The scheme usually involves a forged signature, a fake notary stamp, or a homeowner tricked into signing papers they believed were something else, such as a loan modification or a "foreclosure rescue." The fraudster records the deed, then borrows against the property, sells it, or tries to evict the family living there.

How to find out if someone has recorded a deed on your property

• New York City: sign up for the Department of Finance's free ACRIS Notification Service. Once you register your borough, block, and lot, you receive an email whenever a document is recorded against your property. You can also search ACRIS online at any time.
• Outside New York City: a number of county clerks offer free property fraud alerts that notify you when a document is recorded under your name. Check with your County Clerk, or search the clerk's online land records.

Warning signs

• Your property tax bill, water bill, or STAR exemption notice stops arriving or arrives in someone else's name.
• You receive a notice about a mortgage you never took out.
• A stranger or a "new owner" appears at the house, or you are served with eviction papers.
• You get repeated unsolicited offers to buy your house for cash, especially after a death in the family or a foreclosure filing.
• Someone asked you to sign documents you did not fully understand, without a lawyer present.

Forged deeds versus deeds obtained by fraud

The distinction matters for your remedies.

• Forged deed: the owner never signed it. A forged deed is void from the start. It conveys no title, and a mortgage based on it is also invalid, even if the lender or a later buyer knew nothing about the forgery. In Faison v. Lewis, 25 N.Y.3d 220 (2015), the Court of Appeals held that the six-year statute of limitations in CPLR 213(8) does not bar a claim that a forged deed is void.
• Deed obtained by fraud: the owner did sign, but was deceived about what they were signing. That deed is voidable, not void. A good-faith buyer or lender who paid value without notice of the fraud may be protected. Time limits also apply: generally six years from the fraud or two years from when it was or should have been discovered under CPLR 213(8).

For fraud-induced deeds, delay can cost you the property. Even for forgeries, every month the false deed sits on the record gives the wrongdoer more time to borrow against or sell the property.

How a fraudulent deed is undone

A recorded deed stays on the public record until a court cancels it. Discovering a forgery does not remove it. The usual steps are:

1. Gather records: obtain certified copies of the recorded deed and any mortgages that follow it, from ACRIS or the County Clerk.
2. File a lawsuit: bring an action under RPAPL Article 15 to determine claims to the property, often called a quiet title action. It asks the court to declare the deed void and order it canceled of record. If someone has taken possession, an ejectment claim under RPAPL Article 6 may be added.
3. File a notice of pendency: recording a notice of pendency (lis pendens) under CPLR Article 65 warns anyone dealing with the property that title is in dispute. That makes a further sale or mortgage much harder.
4. Report the crime: report it to the District Attorney in your county, the New York City Sheriff's Office (which investigates deed fraud in the five boroughs), or the New York State Attorney General.

A contested quiet title case can take many months, and longer if a bank holds a mortgage based on the false deed. Title insurers and lenders often become parties, so these cases are rarely quick or simple.

New York's deed-theft laws

Forging a deed has long been a crime. Forgery in the second degree under Penal Law § 170.10 covers deeds, and offering a false instrument for filing under Penal Law § 175.35 applies when a fraudulent deed is recorded. The Home Equity Theft Prevention Act, Real Property Law § 265-a, regulates transactions with homeowners in or near foreclosure.

In 2024, as part of the state budget, New York added further deed-theft protections. Among other changes, the legislation treats deed theft as a form of larceny under the Penal Law, gives the Attorney General more authority to bring civil actions to void fraudulent deeds, and allows courts to pause eviction or ejectment proceedings against a homeowner who raises a credible claim of deed theft. Because these provisions are new and still being applied by the courts, ask counsel which sections apply to your facts.

Typical situations we see

The following are composite examples drawn from common fact patterns. They are not specific client matters, and every outcome depends on its own facts.

• Inherited Brooklyn house, one sibling refuses to sign: three siblings inherit a house as tenants in common after the estate is settled. Two want to sell. One lives there and will not sign a deed or agree to a sale. The two can offer a buyout at an appraised value. If that fails, they can file for partition, where the heirs-property rules may give the occupying sibling a chance to buy them out. A negotiated resolution can take a few months. A contested partition through sale often runs a year or more.
• Ex-spouse still on the deed years after the divorce: the judgment awarded the house to one spouse, but no deed was ever recorded. The issue surfaces at a refinance. If the ex-spouse cooperates, a deed can be signed and recorded within weeks. If not, a motion to enforce the judgment is needed.
• Elderly homeowner gets an ACRIS alert: an owner in Queens receives an email that a deed transferring her house to an LLC was recorded, bearing a signature she never made. Next steps include obtaining the recorded documents, filing a quiet title action with a notice of pendency, and reporting the forgery to the District Attorney and the Sheriff. Because the deed is forged, it is void. Clearing the record still requires a court judgment.

If one of these situations sounds like yours, we can review the deed, the recorded documents, and any court papers and explain your options. Call the Law Offices of Albert Goodwin at 212-233-1233.

Other ways an owner can lose title without consent

Some legal proceedings can take property from an owner without a signed deed. None of them is a private "removal" from a deed, and each carries its own notice and defense rights.

• Mortgage foreclosure: in New York, foreclosure goes through the courts under RPAPL Article 13. For most home loans, the lender must first send a 90-day pre-foreclosure notice under RPAPL § 1304.
• Tax enforcement: unpaid local property taxes can lead to a tax lien sale or in rem foreclosure by the county or city. The IRS can also levy on property for unpaid federal taxes. Seizing a principal residence generally requires court approval.
• Forfeiture: property used in or bought with the proceeds of certain crimes can be forfeited through criminal or civil proceedings.
• Eminent domain: the government can take property for public use with just compensation under the Eminent Domain Procedure Law.
• Adverse possession: someone who openly occupies property for ten years can, in limited cases, claim title. See adverse possession in New York.

Frequently asked questions

Can I remove my ex from the deed after our divorce?

Only through a deed your ex signs or by enforcing your divorce judgment. If the judgment awarded you the house, it typically directs your ex to sign a deed. If they refuse, you can ask the court to enforce it. Until a new deed is recorded, your ex's name remains on the public record.

Can a parent remove a child from a deed?

Not without the child's signature, if the child is a co-owner. Once a parent adds a child to the deed, the child owns an interest that only the child can give back, or that a court can affect through partition or another proceeding. Before adding a child to a deed, consider alternatives such as a trust or other probate-avoidance tools.

Does removing someone from the deed remove them from the mortgage?

No. The deed controls ownership, and the note and mortgage control the debt. The departing owner stays liable on the loan until the lender releases them or the loan is refinanced.

Will removing someone from a deed trigger transfer tax or gift tax?

You must file the New York State TP-584 and, in New York City, the NYC-RPT with any deed, even if no tax is due. Tax is based on consideration, so a gift may owe little or none, while a buyout or a transfer involving mortgage debt may be taxable. A gift of a share above the federal annual exclusion may require a federal gift tax return, though tax is rarely owed.

How long do I have to challenge a forged deed?

Under Faison v. Lewis, the statute of limitations does not bar a claim that a forged deed is void. Waiting still carries risks. The wrongdoer can mortgage or sell the property, evidence fades, and a deed obtained by fraud (rather than forgery) is subject to time limits.

Do I need a lawyer to remove someone from a deed?

The law does not require one for a simple consent deed. Errors in the legal description, the acknowledgment, or the tax forms can cause rejected filings or title defects that surface years later. Any contested removal, partition, divorce enforcement, or deed-theft case requires court proceedings.

Speak with a New York real property and estates attorney

The Law Offices of Albert Goodwin handles deed transfers, co-owner disputes, inherited property, and deed-fraud cases, with offices in Manhattan, Brooklyn, and Queens. To discuss your situation, call 212-233-1233 or email [email protected].

This page provides general information about New York law and is not legal advice. Reading it does not create an attorney-client relationship.