Can You Remove Someone from a Deed Without Their Knowledge?

A common question we receive from clients dealing with co-ownership disputes, divorce, or family property issues is whether they can remove a co-owner from a title without that person’s knowledge or consent.

The short answer is no. In Florida, you cannot remove a person from a deed without their voluntary signature and consent. A deed is a legal contract that conveys property rights; altering it unilaterally is legally impossible and, if attempted through forgery, is a serious crime.

However, if you are stuck in a co-ownership arrangement that is no longer working, whether with an ex-spouse, a sibling, or a business partner, there are legal mechanisms to force a separation of interests. While you cannot secretly remove someone, you can file a lawsuit to force the sale or division of the property.

Below are the rules of deed transfers in Florida and the legal options available when a co-owner refuses to leave.

The General Rule: Consent is Required

Real estate ownership in Florida is protected by strict procedural requirements. To remove a name from a deed, the person whose interest is being removed (the “grantor”) must sign a new deed conveying their interest to the remaining owner or a third party (the “grantee”).

For a deed to be valid in Florida, it must meet the following criteria:

• Written Instrument: It must be a physical legal document.
• Signature: The grantor must sign the deed.
• Witnesses: The grantor’s signature must be witnessed by two individuals.
• Notarization: The document must be notarized to be recorded in public records.
• Delivery: The deed must be “delivered” to the grantee (constructive delivery via recording usually suffices).

Because the current owner’s signature is a strict requirement, you cannot simply “remove” them. They must actively participate in the process by signing the document.

Voluntary Removal: The Quitclaim Deed

The most common and cost-effective way to remove someone from a title is for them to voluntarily sign a quitclaim deed.

A quitclaim deed transfers whatever interest a person has in a property to someone else without making any warranties about the title. This is frequently used in divorce settlements or between family members.

• Example: After a divorce, the court orders the husband to transfer his share of the marital home to the wife. The husband signs a quitclaim deed, removing himself from the title.

If the co-owner is willing to sign, the process is simple. We prepare the deed, they sign it before a notary and two witnesses, and we record it with the county clerk.

Involuntary Removal: Partition Actions

If a co-owner refuses to sign a quitclaim deed, you cannot remove them secretly. However, you are not forced to remain co-owners forever. In Florida, any co-owner has an absolute right to force the division of the property. This is called a partition action.

A partition action is a lawsuit filed in the county where the property is located. It asks the court to either:

1. Partition in Kind: Physically divide the land (common for large undeveloped tracts).
2. Partition by Sale: Force the sale of the property and split the proceeds among the owners (common for single-family homes).

In a partition by sale, the property is usually sold at a public auction or listed with a realtor. The court effectively “removes” the uncooperative owner by converting their property interest into cash.

Note on Homestead: Partition actions can be more complex if the property is the homestead of one of the owners or involves minor children.

Removing a Deceased Owner

One exception where a person is removed “without their knowledge” (because they have passed away) is when a co-owner dies. The process depends on how the title was held.

• Joint Tenants with Right of Survivorship / Tenancy by the Entireties: If the deed includes “rights of survivorship” (or if you were married at the time of death), the deceased owner’s share automatically passes to the surviving owner. You do not need a new deed. You simply record a death certificate. This is also true if you owned the property through a lady bird deed.
• Tenants in Common: If there is no right of survivorship, the deceased person’s share passes to their heirs. You cannot simply remove their name; their interest must go through the probate process to determine the new legal owners.

Forgery and Fraud

Attempting to remove someone from a deed without their knowledge by forging their signature is a felony.

If a deed is recorded with a forged signature, it is void ab initio (void from the beginning). Even if the property is later sold to an innocent buyer, the original owner can sue to recover their interest. These disputes are resolved through a quiet title action, which is a lawsuit used to establish true ownership and wipe out fraudulent or defective deeds.