Legal Question in Real Estate Law in Maryland

Deed states ''joint tenants''

My fiance and I bought a house, but now we've split up. The deed states ''joint tenants''. Are we both entitled to 50% of the equity, regardless of how much each of us contributed?


Asked on 8/13/05, 7:13 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Deed states ''joint tenants''

You don't necessarily own the property 50/50 just because it says "joint tenants" on the deed. I assume you don't have any written agreement with your fiance. If you can't agree on how much your respective interests in the property are, a suit known as a partition action could be filed. The court would then determine the respective contributions to the property each of you made and divide up the equity along those lines, and would order that the property be sold and the proceeds divided. Of course, this is an expensive process, so it would be better to try and reach an agreement on this issue.

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Answered on 8/15/05, 3:01 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Deed states ''joint tenants''

"Joint tenants" means that you now hold an undivided interest in the whole property. If you should die now then the property passes to any other joint survivor that is of deed or recorded title. Essentially this means that you have the right to enjoyment to the property during life.

Now the property comes to divestiture through disharmonious relations that have not come to result in marriage. You have to protect your interest in the property as well as other matters such as your credit rating.

Contribution is an equitable claim. There may be other equitable matters to be resolved.

You should consider hiring an attorney for the preparation of an equitable agreement between the joint tenants or to file a petition to move the property to sale.

Contact me should you require legal service.

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Answered on 8/13/05, 8:11 pm


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