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What is the definition of tenants in common in Maryland?

What is the definition of tenants in common in Maryland?

Full question:

I'm trying to find the definition that the state of maryland gives to tenants in common. Please direct me. It would be good if you had a case.

Category: Real Property
Subcategory: Joint Tenants
Date: 04/07/2025
State: Virginia

Answer:

In Maryland, tenants in common hold title to property with each having an undivided interest. This means that all tenants can use the entire property, but their ownership shares may be unequal. Unlike joint tenants, tenants in common do not have a right of survivorship; when one tenant dies, their share does not automatically go to the other tenants. Instead, it can be sold, mortgaged, or passed on through a will. If a tenant in common dies, their share must go through a court-administered estate process to transfer ownership.

Tenancy in common can be established through a deed, will, or by law, and it allows any co-owner to manage their interest independently. This can lead to potential disputes regarding property management or income distribution among co-owners. Key characteristics of tenants in common include:

Each tenant can sell or transfer their interest as they wish.
Upon death, a tenant's interest is passed according to their will or state intestacy laws if there is no will.

For relevant case law, see Helinski v. Harford Memorial Hospital, Inc., 376 Md. 606 (2003), where the court discussed the implications of joint tenancy and severance, which are distinct from tenants in common.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a tenancy in common also known as?

A tenancy in common is also known as a concurrent ownership. It allows two or more individuals to own property together, where each owner has an undivided interest in the property. Unlike joint tenancy, there is no right of survivorship, meaning that if one owner dies, their share does not automatically pass to the other owners.

What a landlord cannot do in Maryland?

In Maryland, a landlord cannot retaliate against a tenant for exercising their legal rights, such as reporting health and safety violations. They also cannot lock out tenants, shut off utilities, or remove personal property without a court order. Additionally, landlords must follow proper eviction procedures as outlined in Maryland law.

What is a tenancy in common best described as?

A tenancy in common is best described as a form of property ownership where two or more individuals hold title to a property together, each with a distinct share. Each tenant can manage their share independently, and ownership can be unequal. Importantly, there is no right of survivorship, so a deceased tenant's share goes to their heirs.

What is the meaning of tenants in common?

Tenants in common refers to co-owners of property who each hold an undivided interest in the entire property. Each tenant can use the property and has the right to sell or transfer their share independently. Upon death, their share is passed according to their will or state laws, rather than automatically to the other co-owners.

What is the best description of a tenancy in common?

The best description of a tenancy in common is a shared ownership arrangement where multiple individuals own a property together, each with an individual and undivided interest. This type of ownership allows for unequal shares and does not include a right of survivorship, meaning that a deceased owner's share is inherited or transferred according to their wishes.