Legal Question in Real Estate Law in Maryland
Joint Tenancy with Survivorship
In the state of Maryland, when a person has joint tenancy with survivorship (as opposed to tenancy in common), does he need the permission of the other owner(s) in order to sell the property? What if he unilaterally changed his portion of the property to tenancy in common?
1 Answer from Attorneys
Re: Joint Tenancy with Survivorship
As a joint tenant you have an indivisible half interest in the property. You can't change it to tenancy in common unilaterally, only with the cooperation of your joint tenant. And you have nothing to sell without the agreement of the other tenant. What you can do, if the other tenant refuses to sell or buy you out, is to go to court and file a partition action. Consult a real estate attorney for more information and assistance.
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