In Maryland, a tenancy by the entirety is a type of joint ownership arrangement between spouses that provides additional legal protection to their shared property. It is only available to married couples and is similar to joint tenancy, but with some important differences.
Under a tenancy by the entirety, the property is owned equally by both spouses, and neither spouse can sell, transfer, or encumber their interest in the property without the other spouse’s consent. This means that if one spouse incurs a debt or a legal judgment against them, the creditor cannot force the sale of the property to satisfy the debt or judgment. Additionally, if one spouse dies, their share of the property passes automatically to the surviving spouse without the need for probate.
Tenancy by the entirety is recognized in Maryland as a form of joint ownership of real property and is only available to married couples. It can be created by including specific language in the deed that indicates the property is being conveyed to the couple as tenants by the entirety.
It’s important to note that while tenancy by the entirety offers legal protection to the shared property, it may not be the best option for everyone. It’s always a good idea to consult with a qualified attorney to determine the best way to own property in your specific situation.