Sun | Aug 20, 2017

A Matter of Land | How do I remove her name from my title?

Published:Sunday | March 19, 2017 | 3:00 AM
Craig Francis
File Sample of a land title.
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Good day, readers. Today I will respond to another question submitted by a reader.

 

Mr Francis,

I received my National Housing Trust (NHT) benefit years ago to build on my own land.

The amount of money that I qualified for was significantly lower than needed to complete what I wanted to construct. To assist in my quest my stepmother gave me her points without making any financial investment in the house.

The NHT representative requested that I add her name to the title at the time even though I told representative that my stepmom was only giving me her points.

My stepmom is still alive but has never financially contributed to the procurement or mortgage payment on the house. How do I get her name off the title and add another family member. Can it be done with minimal cost?

A few years ago she asked me for money to buy out her interest in the house. I gave her the money so now I need to get her name off the title.

Thanks for your advice on how to proceed.

J.O.

Good day J.O. Thanks for continuing to read A Matter of Land.

The removal of your stepmother's name is not as easy as you would want to believe. The fact that she has not made any financial contribution towards the mortgage or upkeep of the house is somewhat immaterial.

She is listed on the title as a registered proprietor so she has rights to the property as do you.

The removal of her name is not something that you can have done without her permission and direct input. You will also need to engage the services of an attorney-at-law to help in this process which will involve the NHT.

Here are some ways that you could remove the name. In the first option, you could buy out your stepmother's share. That is, you pay off the amount of money that NHT loaned to you as a result of her points then have her name removed.

In the second option, you could have her arrange to give you her interest in the land as a gift and then have her name removed from the title.

You could also have her give her interest to the other family member that you are considering adding to the title, and then her name is removed and the person's name added.

Another option is to have the family member that you want their name to be added purchase stepmother's interest in the property, at which time her name would be removed and the family member name added.

There are a few options open to you and it's for you to explore the one that suits you best.

I suggest you consult your attorney and go over the options available to you and then move forward with what suits you best.

Until next time, traverse well.

- Craig Francis is a commissioned land surveyor and managing director of Precision Surveying Services Ltd. He can be contacted for questions or queries at craig_r_francis@yahoo.com or Precision Surveying Services