Joint tenancy after divorce: What you need to know about joint tenancy and tenants by the entirety in Maryland

Divorce can complicate many aspects of life, including the division and management of jointly owned property. In Maryland, understanding the implications of joint tenancy and tenants by the entirety after a divorce is crucial for both parties involved.

Keep reading for insights from our skilled Howard County property division lawyers, then call (410) 553-5042 to schedule a consultation.

Understanding joint tenancy and tenants by the entirety

Before diving into the specifics post-divorce, it is important to understand what these terms mean.

Joint tenancy

This form of co-ownership allows two or more people to own property with equal rights to the entire property. A key feature of joint tenancy is the right of survivorship (remainderman), which means that if one owner dies, their share automatically passes to the remaining owner(s), not to the deceased’s heirs or through their will.

Tenants by the entirety

Similar to joint tenancy but exclusive to married couples, a tenants by entirety arrangement also includes the right of survivorship. It offers additional protections, such as the inability of one spouse to sell the property without the other’s consent and some protection against creditors.

Joint tenancy after divorce

When a couple divorces, how they hold property can change significantly, impacting their rights and responsibilities. Here is what happens in Maryland:

Does divorce automatically sever joint tenancy?

In Maryland, divorce does not automatically sever joint tenancy or convert it to a tenancy in common (where each person owns a specific share of the property and can dispose of it as they wish). If ex-spouses continue to hold property as joint tenants, the right of survivorship remains intact. This means that if one ex-spouse dies, the property could still pass directly to the other despite the divorce.

Converting joint tenancy into tenancy in common

If maintaining a joint tenancy is not desirable post-divorce, parties might consider converting it into a common tenancy. This change typically requires a written agreement or a Court order depending on the circumstances. It allows each ex-spouse to control their share of the property, including the ability to bequeath it to heirs other than their ex-spouse.

Legal implications and processes

Understanding the legal implications and processes involved in dealing with joint tenancy after a divorce is crucial:

Legal advice – Consulting with a knowledgeable attorney can provide guidance tailored to your situation, especially regarding the division of property and the conversion of joint tenancy.
Court orders – In some cases, a Court order might be necessary to sever joint tenancy, particularly if one party is uncooperative.

How Coover Law Firm, LLC can help

At Coover Law Firm, LLC, we specialize in family law and understand the complexities of property issues after a divorce. Our experienced attorneys can help navigate these waters, ensuring your property rights are protected and clearly defined according to Maryland law.

We are here to provide strong legal guidance

Joint tenancy after divorce in Maryland carries significant implications for property ownership and estate planning. Whether you are considering divorce or have already undergone one, understanding how joint tenancy works and the options available to you is essential. Coover Law Firm, LLC is here to provide the legal support and guidance needed during these challenging times.

For more detailed assistance or to discuss your specific case, please contact Coover Law Firm, LLC at (410) 553-5042. We are here to help you make informed decisions and protect your interests.