Legal Question in Wills and Trusts in Maryland

There are several ways to to address your objective of removing your name from the real property. Is your sole purpose is to improve your credit and the house is the only negative reporting? You don't mention how the house is titled or whether your father has a last will and testament. I would also need to know more about his current wife and whether you currently live with him and are able to move to another residence. Call me to discuss your legal needs.

Typically you cannot "remove" your name from a mortgage unless the other owner(s) qualify for refinancing in their name(s) alone. If you are on the deed but not the mortgage, then a deed could solve this (assuming the lender consents) by putting the property solely in the other person's name. A lawsuit called a sale-in-lieu of partition can force the issue but it would involve selling the house and may not be the best alternative when family owns together.

As far as what happens when one owner dies, it depends on the title. There are several ways one can own property jointly in the state of Maryland. If you own property as tenants in common then either owner's share will get passed down through their estate (and not necessarily to the other owner) if/when they die. If you own as joint tenants with survivorship rights, then the property goes to the surviving owner. You may wish to consult with an attorney who can review your actual deed and offer some suggestions. While I hope that the general legal information above helps, it doesn't substitute for legal advice.