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What Happens To Property After Divorce In Maryland?

In Maryland, a married couple may own property together as tenants by the entirety. In order for a tenancy by the entirety to exist, the following five conditions must exist:

1. Tenants must acquire the property at the same time.
2. Tenants must have equal interest in the property.
3. Tenants must acquire title by the same deed.
4. Tenants must have an equal right to possession of the property.
5. Tenants must be married.

If a married couple enters into a business note or owns property as tenants by the entirety, the property can only be severed by and through the consent of both parties. Divorce would automatically severe the tenancy by the entirety in 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.”

If you would like more information regarding this or other property law planning matters, contact Maryland lawyer Stephen J. Reichert at 410-299-4959, or by clicking here. for a free, confidential conversation.

Mr. Reichert can administer probate on behalf of the estate, transfer property titles, or at a modest fee he can be of assistance to the Personal Representative as assistance is needed. For example, he can be available to give the correct legal answer and review or prepare probate filings.

Day, evening and weekend appointments are available in office or at your residence. Mr. Reichert personally serves clients throughout the entire state of Maryland including the Baltimore region: 21206 Raspeburg, 21207 Gwynn Oak, 21208 Pikesville, 21209 Mt Washington, 21210 Roland Park, 21212 Govans, 21213 Clifton, 21215 Arlington, 21217 Druid, 21222 Dundalk, 21223 Franklin, 21224 Highlandtown, 21225 Brooklyn, 21226 Curtis Bay, 21227 Halethorpe, 21228 Catonsville, 21229 Carroll, 21230 Morrell Park, 21234 Parkville, 21236 Nottingham, 21237 Rosedale and 21239 Northwood.

Attorney Reichert looks forward to assisting you.

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