How to Remove Someone from a Deed

Table of Contents

You Cannot Unilaterally Remove Someone

This is the most important thing to understand: you cannot remove another person from a deed without their consent. A deed is a transfer of a property interest. The person being "removed" has to sign a new deed voluntarily conveying their interest. There is no court form, no shortcut, and no magic document that strips ownership from an unwilling co-owner.

If the other person won't cooperate, your options are a partition action (forcing a sale or division through the court) or, in certain fraud situations, an action to set aside the original deed. But you cannot simply "take their name off."

When the Other Person Cooperates

If both parties agree, removing someone from a deed involves drafting and recording a new deed. The person being removed signs a deed conveying their interest to the remaining owner(s). Here's what's required:

A properly drafted deed. Pennsylvania law requires specific elements: the grantor's name and signature, the grantee's name, a legal description of the property (not just the street address), the Uniform Parcel Identifier (UPI), a statement of consideration, and a residency certification under 72 P.S. § 8101-C.

Notarization. The grantor's signature must be notarized. In Pennsylvania, the grantee does not need to sign.

Realty transfer tax. This is where people get surprised. Bucks County's total realty transfer tax is 2% of the property's computed value (assessed value × 17.06 CLR factor, or the consideration stated — whichever is higher). However, several common transfers are exempt:

Transfers between spouses are fully exempt. Transfers between parent and child (including stepchildren and adopted children) are exempt from transfer tax under 72 P.S. § 8102-C.3. Transfers between former spouses pursuant to a divorce decree are exempt. Transfers to a revocable living trust where the grantor is the settlor are exempt.

Transfers between siblings, between unmarried partners, and between unrelated parties are not exempt and will trigger the full 2% transfer tax.

Common Scenarios

After divorce

The divorce decree or property settlement agreement will typically specify who gets the house. The spouse transferring their interest signs a deed (usually a quitclaim deed) to the other spouse. This transfer is exempt from realty transfer tax. If there's a mortgage, the retaining spouse usually needs to refinance — because a deed transfer does not remove the transferring spouse from the mortgage. The lender can still pursue the original borrower even after the deed transfer.

After a death

If the property was held as joint tenants with right of survivorship, the deceased owner's interest passes automatically to the surviving owner. You don't need a new deed, but you should record a death certificate and an affidavit of survivorship to clear the title. If the property was held as tenants in common, the deceased owner's share passes through their estate and requires either probate or a small estate process to transfer.

Adding or removing a child

Parents often add a child to the deed to "avoid probate." This is almost always a mistake. It exposes the property to the child's creditors, creates potential gift tax issues, and eliminates the full stepped-up basis the child would receive if they inherited the property at death. If the goal is probate avoidance, a revocable living trust or a transfer-on-death deed (where available) accomplishes the same goal without these risks.

If you've already added a child and want to undo it, the child must sign a deed conveying their interest back to you. This transfer is exempt from realty transfer tax (parent-child exemption).

Removing an ex-partner (not married)

Unlike divorce transfers, transfers between unmarried former partners are not exempt from realty transfer tax. If you and an ex-partner co-own property, the transfer will cost 2% of the property's computed value. Alternatively, one party can buy the other out — but the buyout payment itself becomes the consideration for transfer tax purposes.

Recording Requirements in Bucks County

The new deed must be recorded with the Bucks County Recorder of Deeds. Required documents: the executed and notarized deed, a completed Statement of Value (REV-183), the realty transfer tax payment (or documentation of exemption), and the recording fee — $82.75 for a deed (base fee covers up to 4 pages, 4 names, and 1 tax parcel; additional pages are $4.00 each, additional names $1.00 each, additional parcels $10.00 each). The Recorder's office will reject deeds missing the UPI, legal description, or residency certification — the rejection fee is $10.00, and you forfeit the prepaid transfer tax.

Do Not Use Online Templates

Online deed templates — including AI-generated deeds — routinely fail in Bucks County. They're missing required elements, use incorrect legal descriptions, miscalculate transfer tax, or create unintended consequences (like accidentally severing a right of survivorship or triggering a due-on-sale clause in the mortgage). A rejected deed costs you the $10 rejection fee plus any prepaid transfer tax. An attorney-drafted deed costs less than fixing a bad one.