To legally and correctly remove someone from a mobile home title, you need to have them sign off the title. The signature grants you the freedom to get a new title issued under your name or the person you want to be included. If they have not signed yet, you must find them and get them to sign off. If they are dead, you should submit their dead certificate.
Here’s everything you’ll need to know:
How do I remove a name from a mobile home title?
The reason why home titles are given instead of deeds is to allow easy transfer from one owner to another. While there are plenty of reasons you may need to add or remove someone from a mobile home title, knowing what to do is the most significant step towards getting the process done correctly.
Whether you are removing a deceased spouse, child or parent, a divorced spouse, or any other party, the process may vary in each state or territory. Here are the steps to follow when removing someone from a property title:
1. Fill out the transfer of title form
You can find these forms and fill them online via your state’s website. You will need to provide title details of the property to be transferred, including the name to be removed and the share of property being transferred. Make sure you fill in correct information without any errors.
2. Submit the transfer of title form to the lands department
After confirming that the information you have entered is correct, submit the completed and signed form to the lands department in your state. Sometimes, you may be required to provide additional information and evidence like a death certificate.
3. Pay any fees
Fees vary from one state to another. Make sure you know the amount to be paid in advance and pay the exact amount. You can contact the relevant department to learn the fees. Note that late payments (paying after ten days of submitting the form) attracts penalties, so be punctual.
4. Wait for the form to be processed
Once you have paid, the relevant department will process the document by removing the name you wanted from the property title. The processing duration also varies from one state to another.
Note that extra steps may be required for different circumstances. For instance, if you want to gift the property to your children, you will want to have your name removed, and the child’s name added.
If there is a mortgage involved, you will need to obtain consent from your loan lender before filling out the form. Removing a name from a mobile property title may also involve legal, taxation, and financial consequences, so seek professional advice based on your situation.
What should I do if I have more than one title?
You’re not alone if you own a mobile home and didn’t know that you can have more than one title. The simple rule of the thumb to help you understand how many titles you need is to know the width. Every width of the home requires its own title, for instance:
- Single-wide mobile homes have only one title
- Double-wide homes have two titles
- Triple-wide mobile homes have three titles, and so on…
- How can I remove my spouse’s name from our mobile home title after a divorce?
Divorce is quite common in today’s world. After a divorce, removing your spouse’s name from your mobile home title can be met with Significant challenges, especially if the spouse refuses to sign off the title.
A lawyer may be required in such cases to draw a formal separation agreement as part of the divorce settlement. The agreement states how you will divide assets between the two of you, including who will assume the ownership of the family home and draw each spouse’s requirements in writing.
This ensures that other issues, like existing mortgage and property transfer stamp duty, are handled.
It’s essential to start the name removal process when you suspect divorce is inevitable. Remember, you cannot remove someone’s name from the title without their consent unless they are dead (in this case, you need to prove their death by presenting a death certificate).
You can sit down and agree about the property and get your spouse signing off the title before it is too late. It’s also vital that you handle your discussion with your spouse stating all the requirements to ensure they are available or can present the needed evidence whenever required.
Should I hire a property lawyer?
It’s not always necessary. You can handle the process yourself. However, if you find the prospect of dealing with the paperwork daunting, consider hiring a licensed conveyor or property lawyer to handle the task for you.
The process can be complicated if you are not familiar with the technical jargon involved. Be sure to compare a few quotes from different lawyers based on their level of experience.
Note that you will also have a part to play, like providing information, documents, and evidence and filling and signing the form. A professional lawyer will guide you through the process and ensure the process is handled quickly without fuss.
The person signed off, but I lost the title. What can I do?
If the person signed the title but cannot be found, you will need to start the process again. You have to find the person again and have them sign the document a second time.
If you parted ways and have not been in contact for a long time, you can still find their whereabouts through a licensed investigator or data search. You can also pay for a locate program online to help you find the person. Remember, you cannot proceed with the removal without the person’s signature.
If you suspect they could be dead, check Social Security Death Index (SSDI) for any reports and locate family members for the death certificate. In simple terms, you need a signature or death certificate confirming that the person is not available to sign.
If the person happens to be alive but very far, you can arrange for a meet-up and get the signature, or you can send them the documents to sign and send them back to you. You can also enquire from relevant sources, whether it is possible to have the person sign online.
What is the cost of removing someone from a mobile home title?
The amount to be paid varies from one state to another. For example, in Michigan, you will be required to pay $90 to remove someone from the title and replace it if lost at a $15 fee. You can get this done online.
However, if a lawyer is involved, you will need to include their charges on top of this amount. Some may give quotes factoring this fee into the equation. Be sure to ask whether it’s inclusive or exclusive.
Do I have to worry about stamp duty?
If you are removing someone from the title due to divorce, you do not need to pay stamp duty. However, you will need to meet all the specified conditions to qualify for the exemption. For instance, you need to prove that the marriage is broken down or terminated, and it is irretrievable.
You will also need to attach copies of a legally binding financial agreement between you and your spouse. All other cases will require stamp duty payments.