Legal Question in Real Estate Law in Maryland

I want to add my spouse to the deed is a quick claim deed the only option for tenancy by the entirety?


Asked on 12/17/24, 6:02 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Many people refer to any deed without consideration (money) as a "quit claim" deed although technically in a quit claim deed the owner/grantor isn't willing to say whether they own anything beyond quitting (giving up) any claim they *might* have to the property.

Generally a quit claim is not the type of deed a Maryland attorney would prepare (or recommend) in most circumstances. There are some exceptions - for example if someone inherits a fractional interest in a property they know nothing about a quit claim deed could be the best structure to give that away. (Note that Maryland does not recognize anything called a "quick" claim deed but "quick" and "quit" sound similar and are sometimes mistakenly swapped for each other).

Tenancy by the entirety is a way a married couple can own title in Maryland so that both husband & wife have survivorship rights and the property is insulated from the claims of creditors of either one individually while they are both alive and married to each other. This type of tenancy is not limited to quit claim deeds and can be granted in any type of deed (special warranty, bare warranty, no warranty, etc.)

While not legal advice I hope this general information helps. It may be helpful to seek the assistance of a lawyer who regularly prepares deeds in the county you live in.

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Answered on 12/17/24, 6:28 pm


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