Legal Question in Real Estate Law in Maryland
I currently have a mortgage in mine and my youngest daughter's name. Her name and mine are also on the house. I am the only one paying the mortgage. Can I add my other 2 children's names to the house so that when I die the proceeds will be split between the 3 of them?
1 Answer from Attorneys
You will need your co-owner daughter to go along with this since she is already on title. In other words, she would have to sign a new deed along with yourself to accomplish this. Your payment of the mortgage is not relevant. If you are described in the current deed as a joint tenant with right of survivorship with your daughter, she will automatically become the sole owner of the property if you die before her. If your co-ownership is described as "tenants in common", your interest (presumably 1/2) will pass through your estate according to your Will, or if you have no will, to your surviving children in equal shares if you are unmarried.