How to Remove a Name From a Land Title in the Philippines

Removing a name from a land title is not a single, one-size-fits-all procedure. The exact path depends on why the name must be removed (e.g., sale, waiver, death, error on title, annulment of marriage, partition among co-owners, fraud). This article explains the legal bases, common pathways, documentary requirements, taxes and fees, and practical steps for each scenario—so you can map your facts to the correct process.

Key Terms and Offices

Title types: OCT (Original Certificate of Title), TCT (Transfer Certificate of Title), CCT (Condominium Certificate of Title).
Agencies/offices involved: Registry of Deeds (RD) under the Land Registration Authority (LRA), Bureau of Internal Revenue (BIR), City/Municipal Treasurer, Assessor’s Office, and sometimes the Regional Trial Court (RTC) acting as a land registration court.
Core laws: Property Registration Decree (PD 1529), Civil Code, Family Code, Rules of Court (Rule 74 for settlement of estates), National Internal Revenue Code (NIRC), Local Government Code.

The Two Big Pathways

Voluntary dealings (no court order): A registered owner voluntarily conveys or waives rights (sale, donation, waiver/quitclaim, partition, settlement of estate). The RD cancels the old title and issues a new one reflecting the new ownership.
Involuntary or corrective changes (often needs a court order): Name stays on title due to error, dispute, fraud, or complex status changes (e.g., invalid deed, forged signature, effects of nullity of marriage not reflected). You typically file a petition under PD 1529 (Sec. 108 for corrections) or an ordinary civil action (e.g., reconveyance, annulment/reformation of instrument). The RD acts only upon final court orders.

Match Your Situation to the Correct Procedure

A. Co-owner sells or waives interest to remaining owner(s)

Goal: Delete Seller/Heir X from title, keep/reallocate to others.

What to execute:

Deed of Absolute Sale (if sale), or
Deed of Donation / Deed of Waiver/Quitclaim (if gratuitous/waiver), or
Deed of Partition (to settle co-ownership by allotting specific portions).

Taxes & fees (typical):

Sale of capital asset: 6% Capital Gains Tax (CGT) based on the higher of zonal value, assessed fair market value, or consideration; Documentary Stamp Tax (DST) (commonly 1.5% of the higher of consideration or fair market value); Local Transfer Tax (often ~0.5% in provinces; up to ~0.75% in cities/Metro Manila); Registration fees at RD.
Donation: 6% Donor’s Tax on net gift (plus applicable DST/fees); Transfer Tax; Registration fees. (If the property is an ordinary asset of a business, income tax/creditable withholding may apply instead of CGT.)

Process (high level):

Notarize the deed.
Secure BIR Certificate Authorizing Registration (CAR): submit deed, TINs, tax clearances, title copies, tax declaration, ID docs, zonal value printout/valuation, etc.; pay applicable national taxes (CGT/withholding, DST).
Pay Local Transfer Tax at City/Municipal Treasurer.
Assessor’s Office: update tax declaration (and get Real Property Tax (RPT) clearance, certificate of no improvement if applicable).
Registry of Deeds: present owner’s duplicate title, the deed, CAR, proof of tax payments/transfer tax, RPT clearance, IDs, authority documents (SPA/board resolutions if needed). RD cancels the old title and issues a new title without the seller/waiving party’s name.

When a Quitclaim is used: It must clearly identify the property, the waiving party’s interest, and be duly notarized; the RD and BIR will still look to taxes triggered by the true nature of the transfer (gratuitous vs. onerous).

B. Death of a registered co-owner (transmission to heirs)

Goal: Remove deceased owner’s name and transfer to heirs/co-owner.

Paths:

With will: Probate then transmission to heirs/legatees; follow taxes/registration.
Without will and no outstanding debts: Extrajudicial Settlement under Rule 74 by all heirs (or Affidavit of Self-Adjudication if sole heir). Publication in a newspaper for 3 consecutive weeks is required.
- If sole heir, a bond is required under Rule 74 (amount and form per court/assessor practice).
- If multiple heirs, all sign an Extrajudicial Settlement of Estate (EJS); no bond, but publication still applies.

Taxes & fees:

Estate Tax (generally 6% of net estate under current framework), penalties/surcharges if late.
DST/transfer tax/registration fees where applicable.

Process:

Prepare and notarize EJS or Affidavit of Self-Adjudication; arrange publication.
File Estate Tax Return and pay Estate Tax; obtain CAR (estate) from the BIR.
Update Assessor’s records/tax declaration.
Present CAR (estate), EJS/ASA with proofs of publication, owner’s duplicate title, RPT clearance, IDs, and transfer tax proof to the RD. RD cancels old title and issues a new title to heirs (or to a designated heir if others waive via deed of waiver/donation/sale).

Special notes:

If, alongside settlement, one heir will keep the entire property, you may need two steps: (1) estate settlement and (2) consolidation to the chosen heir through a deed (sale/donation/waiver) among heirs, each step with its taxes.

C. Name appears due to clerical error or wrong entry on the title

Goal: Correct spelling/misentry or remove an erroneously entered name.

Paths:

Minor clerical errors that are non-controversial and do not affect substantive rights can be corrected via a petition under PD 1529, Sec. 108 in the RTC (land registration).
If the “error” actually affects ownership/substantive rights (e.g., a person appears as co-owner but claims no real right), you generally need a court proceeding to determine rights (e.g., reconveyance/annulment/reformation). The RD cannot remove a name without a final court order if ownership is disputed.

Process (typical for Sec. 108):

File verified petition in the RTC with jurisdiction over the title, impleading all affected parties and the RD.
Notice and hearing; the court determines if the correction is proper.
Upon final order, present the certified true copy of the order to the RD for annotation/cancellation and for issuance of a new title.

D. Post-marital property changes (annulment/nullity, legal separation, separation of property)

Goal: Reflect the liquidation of the property regime and remove a spouse’s name (or convert from “spouses” to one party).

Key points:

Under the Family Code, default regime is Absolute Community of Property (or Conjugal Partnership for earlier marriages).
A decree of nullity/annulment/legal separation does not automatically change the title. You need a liquidation/partition (judicial or agreed) and, if required, a court approval/order.
If parties executed a Deed of Waiver/Partition after liquidation consistent with the decree, the RD can process a transfer based on the deed and, when required, the court order.

Process overview:

Final decree + liquidation/partition (and court approval when needed).
BIR CAR for the consequent transfer (CGT/withholding or donor’s tax depending on nature).
Assessor update; Transfer Tax; then RD for new title issuance.

E. Fraud/forgery/invalid deed attached to the title

Goal: Remove a name that appears because of fraudulent conveyance or forgery.

Action: File an ordinary civil action (e.g., reconveyance; annulment/cancellation/reformation of title/instrument; damages) in the RTC. RD will only act upon final judgment or writ. If the innocent party is prejudiced and indemnity applies, the Assurance Fund rules under the Torrens system may be implicated in rare cases.

Core Registration Principles to Remember

Mirror principle: An RD-issued title should reflect the current state of ownership. To “remove a name,” you do not “erase text” on the same certificate; the RD cancels the old title and issues a new title that mirrors the updated ownership.
Curtain principle: Buyers/third parties rely on the title; off-record claims generally cannot defeat what appears on the face of the title (subject to limited exceptions like actual fraud).
Indefeasibility: A Torrens title, once issued, is conclusive upon the world, again subject to limited, carefully defined exceptions and remedies.

Step-by-Step Checklists

Voluntary transfer (sale/waiver/donation/partition) to remove a co-owner’s name

Due diligence: Certified true copy of title (RD), tax declaration (Assessor), RPT status, encumbrances/annotations, and if condo—CCT and condo dues clearance.
Draft & notarize instrument: Sale/Donation/Quitclaim/Partition with complete property description, title numbers, TINs, civil status, and marital consents when required.
BIR processing:
- File for CAR with complete dossier (IDs, TINs, deed, title, tax dec, valuation docs, RPT clearance, etc.).
- Pay CGT/withholding (as applicable) and DST. Obtain CAR and eCAR printout.
Local Treasurer: Pay Transfer Tax within the local deadline from deed execution/CAR issuance (check city/municipal rules).
Assessor: Update tax declaration to the new owner(s); get updated RPT clearance and, if needed, certificate of no improvement.
RD: Submit owner’s duplicate title, CAR, deed, tax proofs, IDs, Special Power of Attorney (if representative), and other clearances. RD cancels the old title and issues the new title and new owner’s duplicate.

Estate transmission to remove a deceased owner’s name

Gather estate docs: Death certificate, marriage/birth certificates to establish heirship, IDs, TINs, title, tax dec, RPT clearance.
EJS/ASA: Execute and notarize; publish 1× a week for 3 weeks. If ASA (sole heir), arrange bond per Rule 74.
BIR (Estate): File Estate Tax Return, pay Estate Tax, secure CAR (estate).
Local Treasurer: Transfer Tax.
Assessor: Update tax declaration.
RD: Present CAR (estate), EJS/ASA + proof of publication, title, clearances. RD cancels and issues a new title to heirs.

Court-ordered corrections/removals (Sec. 108 or civil action)

File case in RTC (land registration or ordinary civil branch), implead affected parties and RD/LRA as necessary.
Obtain final order/judgment.
RD: Present certified final order; RD annotates/cancels as directed and issues new title.

Common Supporting Documents

Government-issued IDs of all parties; TINs (BIR requires TIN for both transferor and transferee).
Owner’s duplicate of the title (physical).
Tax Declaration (and certificate of no improvement if land only).
Real Property Tax clearance and latest official receipts.
Marriage certificate / proof of property regime when spousal consent/partition is involved.
SPA/Board Resolution when acting through an attorney-in-fact or corporate signatory.
Corporate registry docs (SEC GIS, Articles, Secretary’s Certificate) for juridical persons.

Timelines and Costs (Practical Expectations)

BIR CAR processing is often the longest step; completeness of documents is crucial.
Local transfer tax deadlines can be short; late payment triggers surcharges/interest.
RD issuance of a new title can be relatively quick once the RD accepts a complete package (deed + CAR + taxes + clearances).
Court petitions (Sec. 108/civil actions) take significantly longer due to notice, hearing, and possible opposition.

(Exact durations and fees vary by RDO, LGU, and RD workload.)

Pitfalls to Avoid

Wrong instrument for the true transaction. BIR taxes follow substance over form.
Skipping spousal consent when required (voidable or void transactions).
Incomplete legal description (wrong lot/block/plan numbers; mismatched areas).
Unsettled estate but attempting direct transfer—estate must transmit first.
Ignoring annotations (mortgages, adverse claims, lis pendens) that block clean transfer.
Using “quitclaim” to bypass taxes. Gratuitous transfers can still trigger donor’s tax; onerous transfers trigger CGT/DST.
Relying on mere affidavits to remove someone from a title when ownership is contested—you will need a court order.

Special Situations

Minor owners: Court approval (e.g., under the Family Code and Rules of Court) is usually required to alienate a minor’s property.
Foreign owners: Land ownership restrictions apply; a foreign spouse cannot own land except through hereditary succession (with nuances). Condominium ownership is subject to the 40% foreign cap.
Condo units (CCT): Condo Corp clearance may be required; dues and special assessments must be current.

Quick Decision Tree

Was there a voluntary transfer (sale/donation/waiver/partition)? → Prepare proper deed → BIR CAR → Transfer Tax → Assessor → RD new title.
Is the name still there because the owner died? → EJS/ASA + publication → Estate CAR → Transfer Tax → Assessor → RD.
Is the entry erroneous/clerical and undisputed? → Sec. 108 petition → Court order → RD.
Is ownership disputed or instrument invalid/forged? → Civil action (reconveyance/annulment/reformation) → Final judgment → RD.
Is the change due to marital property dissolution? → Decree + liquidation/partition (and approval if needed) → Deed(s) → CAR → RD.

Final Notes

The RD will not “erase” a name by request; it either annotates or cancels and re-issues the certificate based on valid instruments and, where necessary, a court order.
Taxes drive sequencing: without the BIR CAR, the RD will not process the transfer.
When in doubt about whether a change is clerical or substantive, assume you need judicial relief; consult counsel to avoid void filings and costly do-overs.

This is a general guide for educational purposes. For fact-specific strategy, document vetting, and current documentary/tax checklists in your locality, consult a Philippine real estate or land registration lawyer or a seasoned title processing professional.