Maryland Tenants by the Entirety Property Deed and Same Sex Couples

The following question has recently arisen both with clients and in public discussions. Is special deed drafting language necessary to record a property deed as tenants by the entirety (aka Tenancy by the Entireties or Tenants by the Entireties) if the owners are married and of the same sex? Under Maryland law the answer is simple: No. Tenants by the Entirety is a concurrent estate in real property held by a wife and wife, husband and husband or wife and husband, whereby each owns an undivided whole of the property, coupled with the right of survivorship, so that upon the death of one, the survivor is entitled to the decedent’s share.

For a free, confidential conversation to discuss this and other Maryland property law matters, including drafting, filing and recording Maryland property deeds, contact Maryland property law 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. Mr. Reichert personally serves clients throughout the entire state of Maryland.

Attorney Reichert looks forward to assisting you with your Maryland property law and real estate deed issues.