Understanding Property Ownership in Maryland

Property law in Maryland may feel complicated, but its roots stretch back centuries to English common law. When settlers arrived, they carried England’s property rules with them, and instead of creating a brand-new system, Maryland’s Declaration of Rights adopted these long-standing principles. That’s why today, you may still see centuries-old language in deeds and encounter ideas that don’t quite match modern life (like the outdated belief that married women had no separate legal rights).

Why does this matter for you? Because how your property is titled in your deed directly affects your rights, your estate planning, and even your family’s financial security. Whether you own a home, inherited land, or simply live in a condo, property law touches everyone.

Common Types of Property Ownership in Maryland

Tenancy by the Entirety

• Reserved for married couples.
• Originated from the old idea that spouses were legally “one person.”
• Neither spouse can sell or encumber the property without the other.
• Offers creditor protection: In many cases, a creditor of only one spouse cannot force the sale of property held this way.

Joint Tenancy

• Each co-owner has a separate share.
• Any co-owner can sever their ownership interest.
• A creditor of one co-owner may be able to reach that share.
• Rights of survivorship (automatic transfer to the surviving co-owner) must be clearly written into the deed.

Why Your Deed Matters

Your deed isn’t just paperwork. It’s the legal document that defines how you own your property. The wording in your deed determines what happens if you sell, if a creditor makes a claim, or even after your passing.

In Maryland, if you want your property to pass automatically to your spouse or co-owner, your deed must include specific language such as “tenants by the entirety” (for married couples) or “joint tenants with right of survivorship.” Without it, your share could end up in probate even if that wasn’t your intent.

Bottom Line

Understanding how your property is titled is an essential step in protecting your family, planning your estate, and securing your financial future. If you’re unsure what your deed says or what it means for you, this is a great time to take it out of the file and review it with a trusted legal guide.