Legal Question in Real Estate Law in Maryland
When one owner dies in a joint tenancy, can their unpaid debts be levied against the property. In other words, can the people who are owed money seek to collect that money against the value of the house, i.e. put a lien on the property even though in joint tenancy the property becomes owned by the remaining owners.
Do the remaining people that are involved in the joint tenancy have to go through legal changing of the ownership so that the deed now only shows the remaining owners?
1 Answer from Attorneys
As soon as the joint tenant died, the property transferred to other joint tenant(s). If the creditor did not levy (have the sheriff try to sell after obtaining a judgment) on the property before the death of the debtor/joint tenant, their only claim is against the estate of the deceased. The remaining joint tenants should not have to do anything to show that they are now the only owners of the property.
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