Legal Question in Real Estate Law in Maryland

Severance of joint deed

Our aunt gifted us 1/2 interest in her property in 1995. With the other half interest to come to us at death, deeded as joint tenants with right of survivorsip. We sold our house and built a 2000 sq ft house addition onto the original 800 sq ft cottage. We also built a 12 x 24' shop. Her niece has had her severe the deed and leave her 1/2 interest in the property. We took out a 70,000 mortgage and built this ourselves, my husband was thecontractor. We put $40,000 of our own in it and have been paying for over 12 years. Can she just give the niece 1/2 of all we have improved.


Asked on 2/03/09, 1:41 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Severance of joint deed

I would have to see the '95 deed to give you a definitive answer, but if she retained the power of sale over the 1/2 she reserved for herself at that time, she can do just that--convey it to a third party. It sounds like she's now signed a new deed as to the remaining half, reserving a life estate for herself and granting the remainder (which you formerly had) to the niece. If you can give me your aunt's name and the property address, I could look it up and give you further information. If that's what happened, you might have a claim for unjust enrichment against the aunt and niece.

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Answered on 2/03/09, 3:40 pm


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