Legal Question in Real Estate Law in Maryland
Home Purchase
In Allegheny County, Maryland is it legal for the owner of a two-family or a duplex to sell half of the house to one person and the other half of the house to another?
3 Answers from Attorneys
Re: Home Purchase
In short, yes. The owner may dispose of his or her property by selling a one-half interest in the property to one person and another half interest in the property to another.
Re: Home Purchase
It depends. It's not as simple as deeding a one-half interest to one and a one-half interest to another (then both parties would own half-interest in the whole structure and lot). Many duplexes are already subdivided -- legally on separate lots -- in which event it is not a problem. Deed one lot to one and one lot to the other. But if it is not subdivided, you need to get subdivision approval. This is done by the County if in unincorporated areas, or by the City in incorporated areas (Cumberland, Frostburg, etc.). If the duplex is in compliance with the zoning requirements, it should not be too difficult, but there is some expense involved and the County/City may require certain concessions.
Re: Home Purchase
It all depends on how the property is zoned and recorded in the land records. Obviously if the property is already recorded as
two separate lots then it is permissible to deed the property to two owners without much other than recording the deed to the new owners.
However, if the properties are recorded as one lot, then a filing is needed with the County or City to separate the property into two lots and have them recorded as such.
On the other hand, even if the two properties are recorded as one lot, the property can be titled to two, or more, owners. These people would likely hold the property as tenants in common.
Log onto the Maryland Department of Assessment and Taxation and follow through the screens to find out more information. The specific address of the property in question will
determine which zoning laws apply. Local zoning laws may or may not be readily available.
Lot's of luck in finding the information you need.