Legal Question in Real Estate Law in Maryland
Severing joint tenancy
. In Maryland, can each of 3 owners go and file a quit-claim deed and change the deed to tenant in common to themselves and then put in a will what their wishes are for each of their third ownership in a will and keep the other from getting it all and loosing it on an addiction when the others die before him?
1 Answer from Attorneys
Re: Severing joint tenancy
No. The only way the ownership status or the makeup of the owners can be changed is through joint action. The 3 of you would have to sign one deed conveying the property to yourselves as tenants in common. So you will need the cooperation of your 2 co-tenants in order to accomplish this. If either will not cooperate, your only other option is to file a partition suit in court, which would result in a sale of the property. But if you're concerned about losing your interest in it by dying before the others, this may be your only option.
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