Legal Question in Real Estate Law in Maryland
How do I remove my mother in-law from my deed to me and my wife's house? We put her on to protect our son incase something happen to us. We are in the middle of refinancing and she does not want to sign the papers
2 Answers from Attorneys
Once someone is on a deed (whether they paid full market value or not), they have a legal ownership interest in the property and generally cannot be removed without their permission or without a court proceeding forcing the sale of the property. (upon forced sale they would have a right to a part of the sale proceeds) Usually you cannot obtain financing without all owners signature.
There are exceptions to this general rule. Notably, there is a legal way to put someone on a deed where they do not have any say in financing or sale decisions while the other owners are living (by a certain type of life estate type of deed), but without looking at the title an attorney cannot tell how you set up the deed. You may wish to hire an attorney to review your deed.
She is on the deed and now an owner, so you will need her permission to sell the property, get a modification, or transfer interest. Consult with a real estate attorney in your area.