If your father is willing to give both you and your mother the house, then just simply have the new deed written that way without his name on it. He should sign a quit claim deed to the property. I'd try and keep his name off the loan as well. And why would he agree to be on the loan if he is giving you both the house? OR, are you saying he just is moving out but still wants to retain some ownership? If that's the case, is there enough equity to buy him out of his third (assuming it's an even split)? It should not be deeded as his sole and separate property without your mother's consent. And in fact, I'm not sure if that would be legal unless your mother consented by signing a quit claim deed. How is it deeded now?