Legal Question in Real Estate Law in Maryland

In Maryland, people can jointly own property in one of three ways: tenants by the entireties (limited to husband/wife), joint tenants w/ right of survivorship or tenants in common.

Since you were not married, you could not hold as T/E, thus it would revert to one of the two other types. While you could research to see how the courts have classified the joint ownership when joint owners identify themselves as married but are not, it might revert to the default tenants in common. With tenants in common property, each person owns only a share and when they die their share passes through their estate (not to the other owner). Thus the survivor may be forced to sell or buy-out the other owner's share when they pass.

The fix is relatively simple and straightforward. Have a new deed prepared correctly identifying the owners' title. If you decide that the surviving person should own the entire property (rather than it passing to family members) you will want this listed as joint tenants with rights of survivorship.

Have a new deed created as Joint Tenants with the right of survivorship if you want the property to pass as it would if you were married. Contact a local real estate attorney for assistance. Regards,