How to Remove a Spouse, or Former Spouse, From a Maryland Property Title / Deed: Tenants in Severalty

Deed

“So, what kind of Maryland property Deed do I need to have drafted and filed to remove my ex-spouse from the Deed?”

Until research is conducted on the prior property Deeds, and the full purpose of the new Deed is known and discussed, there is no simple answer. Along with how the property should legally be held, there are also tax implications to consider and the timing of the transfer.

To ensure that your Maryland property Deed is drafted and recorded correctly under Maryland and county laws, and that the appropriate type of deed is created, call or e-mail now for a free confidential consultation: Maryland property deed/title attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here.

If you are seeking to remove a spouse or a former spouse from a Maryland real property deed, it is likely that you will need to file a Deed transferring interest in one spouse to the other as Tenant in Severalty (though this is not always the case). This type of conveyance would break the joint tenancy established by the prior ownership and leave the remaining spouse, or ex-spouse, on the property Deed as sole owner in fee simple.

That said, this is not the only consideration for preparing and filing the new Deed. State and county laws require specific filing formats and, when applicable, exemption language such that taxes can be reduced or avoided. The prior Deeds should also be examined for proper recording including consideration of ground rent which is more common in Baltimore City and Baltimore County, however ground rent can be found throughout the state of Maryland.

Call or e-mail now for a free confidential consultation: Maryland property deed/title attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here.

Day, evening and weekend appointments are available in office or at your residence; serving client throughout Maryland.

Also Relevant Under Maryland Law: “No deed, mortgage, or deed of trust may be recorded unless it bears the certification of an attorney at law that the instrument has been prepared by an attorney or under an attorney’s supervision, or a certification that the instrument was prepared by one of the parties named in the instrument.”