Can I Remove a Living Person From a Deed if They Have Left and I Cannot Locate Them?

An owner of real estate can file a “quiet title” action asking the court to issue an order vesting title in the person bringing the lawsuit. But the process requires some very specific steps, and is left up to a judge to decide.

Quiet title actions are permitted in all states, and the person bringing the lawsuit is required to prove to the court why title should be vested solely in that person\’s name.

Like most lawsuits, a party bringing a quiet title action will need to serve a copy of the lawsuit to the other party (i.e. all those who have an interest in the property). Different jurisdictions have different rules for serving notice; the person filing the quiet title action would need to determine what constitutes proper service in his or her jurisdiction. As such, you must either find the person in question, publish a notice in the newspaper, etc. — whatever your local jurisdiction requires for service.

Finally, because there can be a number of issues in bringing such a court action, Standard Legal suggests that competent and qualified legal advice should be sought. For advice specific to any personal legal questions, Standard Legal always recommends you consult an attorney; you can find one for FREE at Standard Legal’s Attorney Finder page.