Legal Question in Real Estate Law in Maryland

joint tenancy issue

the deed says the grandmother left the property to her 5 children, as joint tenants, not tenants in common, in fee simple, forever. Can this be broken by one of the children, now dead in 1984, by using the Stawman to try and break the joint tenancy?


Asked on 12/28/06, 1:04 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: joint tenancy issue

I don't know what a "stawman" is, but when people own property as joint tenants and one of them dies, only the survivors continue to own the property. If one of the joint tenants wants to divide up the property, they would have to go to court and file an action to partition the property.

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Answered on 12/28/06, 2:34 pm
Daniel Press Chung & Press, P.C.

Re: joint tenancy issue

If one of the joint tenants has died, his/her interest no longer exists. The surviving joint tenants own as joint tenants. Any one of the surviving joint tenants can sever the joint tenancy at will.

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Answered on 12/28/06, 5:59 pm


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