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How can we remove a co-owner from a condominium obligation?

How can we remove a co-owner from a condominium obligation?

Q: Can a co-owner refuse to sign a deed transfer?

Yes, a co-owner can refuse to sign a deed transfer, which can complicate the process of removing them from ownership. If a co-owner does not agree to the transfer, you may need to explore legal options, such as a partition action, to resolve the matter. This type of action can be more costly and time-consuming.

Full question:

We have 66.7% ownership in a condominium. The 33.3% owner would like to be removed from all obligation. What is the most cost effective method to handle this transaction?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: National

Answer:

To remove the 33.3% owner from the condominium, you can transfer ownership through a deed transfer. This method is typically less expensive than a court partition action, which involves legal proceedings to divide property. However, transferring a deed may incur costs that vary by location, such as taxes and recording fees. It's advisable to contact your local recorder's office for specific fees and costs. Additionally, check your condominium association agreement, as it may impose conditions or fees for ownership transfers.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a deed transfer in a condominium?

A deed transfer in a condominium involves legally changing the ownership of a property from one person to another. This is done by executing a new deed that reflects the change in ownership. The new deed must be recorded with the local recorder's office to be effective. This process is often less costly than a court partition action, which can involve lengthy legal proceedings.

What are the costs associated with transferring a condominium deed?

Costs for transferring a condominium deed can vary by location and may include recording fees, transfer taxes, and possibly attorney fees. It's important to check with your local recorder's office for specific costs in your area. Additionally, your condominium association may have its own fees or requirements for ownership transfers.

Can a co-owner refuse to sign a deed transfer?

What is a court partition action?

A court partition action is a legal process used to divide property among co-owners. If co-owners cannot agree on the use or sale of the property, one or more owners can file a lawsuit to force a sale or division. This process can be lengthy and expensive, often making it a last resort compared to other methods like a deed transfer.

What should I check in my condominium association agreement before transferring ownership?

Before transferring ownership, review your condominium association agreement for any restrictions or requirements regarding ownership changes. Some associations may have specific rules about who can own units or may impose fees for processing ownership transfers. Understanding these conditions can help avoid complications during the transfer process.