The title papers alone don't determine whether property is marital property or nonmarital property, except that real property the spouses own as tenants by the entirety is considered marital. Tenants by the Entirety (TBE) are only permissible if the owners are legally married. Property held by a married couple as tenants by the entirety will convert to the solely owned property of the surviving spouse upon the death of the first spouse. Maryland A grant of ownership to two or more people in Maryland will create a tenancy in common, unless the deed states that they are joint tenants with rights of survivorship, not tenants in common. ... in Maryland. (a) Any interest in property may be granted by one or more persons, as grantors, to themselves alone, or to himself or themselves and any other person, as grantees, in life tenancy, with or without powers, joint tenancy, tenancy in common, or tenancy by the entirety without the use of a straw man as an intermediate grantee-grantor. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together. In Maryland, each owner, called a joint tenant, must own an equal share. The common law tenancy by the entireties, recognized in Maryland, Virginia, and a few other states, is a strange and mysterious thing. Code Ann. If a husband and wife own real property, Maryland law presumes a tenancy by the entirety unless the deed states otherwise. If tenants by the entirety get divorced, ownership of all real estate is automatically converted to a tenancy in common. §4-108. 1.1.2 Maryland recognizes tenancy by the entirety ownership in real and personal property. Owning a home as T by E can provide a safe harbor against creditors. Upon the death of one person, the TBE title is transferred in its entirety … Fam. A notable case in Maryland on this issue is Schlossberg v. Any judgments that have already been docketed against one of the tenants would automatically attach to the real estate the moment the divorce decree is entered by the court. Law § 8-201 (e)(2).) This form of joint ownership is like joint tenancy, but it is allowed only for married couples in Maryland. It is founded on the premise that married persons constitute a “marital unit” that is a legal entity separate and apart from either spouse. 24, 467 A.2d 510 (Md. The Maryland Legislature has passed legislation which has been signed into law which extends the immunity of all types of property held as tenants by the entirety ("T/E") from the claims of a spouse's separate creditors. (Md. If someone sues one spouse and wins a court judgment, in most states the creditor can't seize and sell tenancy by the entirety … In the case of husband and wife grantees, though, Maryland law presumes the creation of a tenancy by the entirety. 1983) (“It is well established that this Court recognizes that a tenancy by the entirety may be created in personal property”). In general, tenancy by the entirety property is better protected than joint tenancy property from creditors of just one spouse. Because of the nature of tenancy by the entirety is a method of holding marital property, it is also canceled by death. Tenants by the Entirety. The concept of tenants by the entirety, available only to a husband and wife, is considered by many to be unique to real property. Diamond v. Diamond, 298 Md. Tenancy by the entirety is a type of joint tenancy of property that provides extra protections for married persons. In Maryland and many other states, a husband and wife may own property together as tenants by the entirety (“T by E”). However, creation of the tenancy by the entirety … This title, for purposes of ownership, treats the couple as one person for legal action and interpretation. Tenancy by the entirety.
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