Legal Question in Real Estate Law in Maryland

Re: Transfer of a deed

Generally speaking, if a deed is titled as "joint tenants with a right of survivorship" then one of the joint tenants acting alone can only transfer a "life estate" interest in the property. It would take all of the joint tenants executing a deed to transfer an interest in the real property to a new party. There may be some facts missing from what you have described. I would be happy to chat with you for a few moments to determine your available courses of action. In any event, you should act now to clarify things so that there is no difficulty at such time as you want to sell the property, or in the event that your father-in-law passes away.

I am not at the office and am working by remote at the moment -- will not be in the office until later this afternoon. I will be available most of the day tomorrow in the office if you would like to reach me then.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: Transfer of a deed

I disagree with Mr. Holtzman. When property is held as joint tenants with right of survivorship, either joint tenant can unilaterally take acts that sever the joint tenancy, at which point it becomes a tenancy in common. This may breach a contractual agreement between the owners, but as a matter of property law, the tenancy is severed upon such an action. Conveying one's interest in a joint tenancy is an act that severs the joint tenancy. The effect of the conveyance is that you own the property as tenants in common with your father in law's son.