Information about deeds, title, and property ownership
Every state is slightly different in its laws regarding property ownership. Knowing the basics of property law generally in the United States can go a long way. However, as you buy and sell properties in a state, knowing that market’s specific laws and preferences can help to set expectations and make your transactions move forward more smoothly.
In this article, we walk through some of the key ownership considerations in Maryland.
Maryland recognizes four basic types of ownership: sole ownership, tenancy by the entirety, joint tenants, and tenants in common.
Sole Ownership in Maryland
In this type of ownership, one individual or entity owns the property completely with no other tenants. Maryland does not recognize community property or homestead, meaning that a spouse can buy, sell, or own property without the involvement of the other spouse.
Tenancy by the Entirety in Maryland
This is a form of ownership specifically created for spouses. In Maryland, spouses have the option of owning property by the entirety, which functions like a joint tenancy in that the surviving spouse will immediately take ownership of the property on the death of the other spouse. In Maryland, it is presumed that a married couple purchasing property have taken title as Tenancy by the Entirety unless specified otherwise in the Deed.
Joint Tenants in Maryland
Maryland recognizes joint tenancy with right of survivorship as a common form of joint ownership. This form allows multiple people or entities to own a title interest to the property, and comes with various rights and responsibilities. In particular, joint tenancies with right of survivorship involve all parties having equal ownership and the right to assume another owner’s interest in the event the other owner dies.
Tenancy in Common in Maryland
Maryland also recognizes tenancy in common as a form of co-ownership. Tenancy in common allows multiple owners to own title in a property, but rather than owning equally, the owners can set varying ownership percentages. For example, one owner could own 51% of the property, with the other owning 49%. Additionally, an owner’s share would pass to the owner’s heirs upon death, rather than passing to the other tenants in common.
The most common deed form in Maryland is the special warranty deed. Special warranty deeds, like limited warranty deeds, limit the guarantee of clear title to the time period in which the seller owned the property. General warranty deeds are also acceptable in Maryland, but less favored in residential transactions.
Quitclaim deeds are not favored in Maryland for residential transactions and require additional underwriting before being insurable.
Knowing how a property is typically conveyed in a state, and what types of ownership are available for the title can go a long way to ensuring a smooth transaction.
Maryland ownership structures are fairly standard. It does recognize tenancy by the entirety, but not homestead. This means that even buying from a married individual is more straightforward than in other states.
*The information provided on this site does not, and is not intended to, constitute legal, financial, tax, or real estate advice. Please consult your expert for advice in those areas. All content is for general informational purposes only and is not intended to provide a complete description of the subject matter. Although Peak Title Professionals, provides information it believes to be accurate, Peak Title Professionals, makes no representations or warranties about the accuracy or completeness of the information contained on this site. Specific processes will vary based on applicable law. The title and closing process will be handled by a third-party attorney to the extent required by law. Product offerings vary by jurisdiction and are not available or solicited in any state where we are not licensed.
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