Legal Question in Real Estate Law in Maryland

Man owns real property without a mortgage, tenants by entirety. Man marries but does not add new wife's name to property title. Man executes a quit claim deed giving rights to property to children of previous marriage but does not inform wife of this. Man initiates a loan against property and adds wife as co-borrower, she does not know he has given away his rights to property and she is not a co-owner of same. Did the man acquire this loan legally since he had given away his rights to the property and the wife had no legal ownership?


Asked on 9/13/12, 6:24 pm

2 Answers from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Your post raises very interesting questions. At the outset, a man cannot by himself own property as "tenants by the entirety" because that form of ownership only applies to property owned jointly by a husband and wife.

One spouse cannot by themselves give away property owned jointly as tenants by the entirety while married, instead both spouses must sign off. Perhaps there was an intervening divorce? If so, the ex-husband would have only owned a 1/2 interest after divorce as a tenant in common with the ex-wife and could only have deeded away that half of the property.

No one can be added as a co-borrower without their consent. It is possible to have a borrower or co-signor who doesn't own the property (and it is perfectly legal) but no lender will lend without all the owners signing off. Also, if neither borrower owned the property no commercial lender would give them a loan secured by property they didn't own.

I strongly encourage you to seek legal counsel in this regard and let an attorney look at the deeds and loans in the chain of title. I hope that the general legal information helps but it doesn't substitute for specific legal advice. My firm offers a free initial phone consult of up to 10 min and flat fee consultations / deed reviews. You are welcome to call my firm or any other lawyer/ firm of your choosing.

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Answered on 9/14/12, 7:21 am
Robert Sher Wagshal and Sher

If the original title was as tenants by the entirety, there must have already been a spouse in the picture. Your question fails to explain what happened to her. Presumably she either died or there was a divorce. If the former, the man became sole owner as surviving joint tenant. He would then have the ability to convey all or part of his interest. His new wife would not have gained any ownership interest by virtue of the marriage. If there was a divorce, then he and the ex's ownership status changed to tenants in common, and each could convey their interest. The wife could be a co-borrower even if she doesn't have an ownership interest in the property, but if a third party acquired an interest, that person would have to convey a security interest to legitimize the loan.

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Answered on 9/14/12, 7:50 am


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