To take someone's name off a deed, a new deed must be prepared to transfer the property from all of the current owners to all of the remaining owners. Similarly, to add someone to a deed a new deed must be prepared to transfer the property from all current owners to all new and current owners.
Recording a deed in Montgomery County is a two step process. First, bring the deed to the County Transfer/Recordation Tax Office located at: 27 Court House Square, Suite 200, Rockville, for processing. Second, visit the Courthouse at 50 Maryland Avenue, Rockville 2nd floor Recording Office.
You can start with the recent sales of the property by searching on an address using the SDAT's website (State Department of Assessments and Taxation). Follow the instructions to find the current owner of any property. The page will usually refer you to a few previous sales under “Transfer Information.”
Any deed or document that affects a change of ownership must be accompanied by: (1) a completed Intake Sheet; (2) a copy of the deed for submission to the Department of Assessments and Taxation; and (3) an affidavit of residency and/or a Maryland Form MW 506 NRS, for non-resident sale of property.
Go to the circuit court in the Maryland county where the property is located. A list of court address and phone numbers is at mdcourts/courtsdirectory. Once inside the courthouse, proceed to the Land Records Department. Tell the clerk that you need a copy of your deed.
To remove a name you have to transfer the title. Do a gift transfer form, and both of you have to sign the current title as the sellers, then you sign as the buyer.
In order to change any information in a Deed, a new Deed has to be prepared. One of the questions this office is most frequently asked is how to remove the name of a deceased person from the deed to property. Unfortunately, this is not a process that can be accomplished by merely providing a death certificate.