In Maryland, there are several ways you can have an ownership interest to real property with another
person. Individuals or entities “hold title” (have an ownership interest) to real property in one of the three
following ways:
1. Tenants in Common
If you hold title by tenants in common, each owner has an ownership interest in the property. As tenants
in common, owners hold their respective share of the property as individuals, can convey or transfer their
interest in the property, and can hold unequal shares of the property. A distinguishing characteristic of
tenants in common is that there is no right of survivorship. This means that if one tenant passes away,
their interest in the property does not automatically go to the other owners but instead transfers onto a
person (or people) of their choice. Maryland presumes that owners hold title to a property as tenants in
common unless otherwise specified. Unless otherwise instructed, Authority Real Estate Settlements,
Inc. will presume that non-married owners wish to hold title to a property as tenants in common.
2. Tenants by the Entireties
A married couple may own property as tenants by the entireties. As tenants by the entireties, the couple
owns the property together as a whole and cannot individually convey or transfer their interest in the
property (in contrast to tenants in common). Tenants by the entireties hold title with rights of survivorship,
meaning that when one spouse dies, the other spouse becomes the sole owner of the property. An
advantage of owing a property as tenants by the entireties is that, except for limited exceptions, creditors
of one spouse cannot place a lien on the property based on the debts of the other spouse. If a married
couple divorces, any ownership they held as tenant by the entireties becomes held as tenants in common.
Unless otherwise instructed, Authority Real Estate Settlements, Inc. will presume that married
owners wish to hold title to a property as tenants by the entireties.
3. Joint Tenancy
Holding title as joint tenants is a way for non-married owners to hold title to a property with a right of
survivorship. For owners of a property to hold title as joint tenants, a deed must expressly state that the
owners wish to hold title to a property as joint tenants with rights of survivorship, the interest of all owners
must vest at the same time and from the same deed, and all owners must have equal rights and interest in
the property.
This document is for informational purposes only, is not legal advice, and does not provide a complete
explanation of issues related to ownership of property or how owners should hold title to property.
Decisions about how property should be titled should be made on a case by case basis. If you would like
to speak to an attorney, please contact Karen Alegi, Esq. at [email protected].