How does joint tenancy with right of survivorship work in Maryland?
In Maryland, a deed creates a joint tenancy only if it expressly provides that the property is to be held in joint tenancy. Maryland recognizes tenancy by the entirety: an owner may deed property to themself, or to themself and another person, as tenants by the entirety (or as joint tenants or tenants in common) without using a straw man. A husband and wife who hold property by the entirety may together deed it to themselves, to either of them or to themselves and others in joint tenancy or tenancy in common, and either may deed it to the other alone. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Md. Code, Real Prop. §§ 2-117, 4-108.
| What | Maryland |
|---|---|
| A deed to two or more people | No joint tenancy unless the deed expressly says so |
| What it means | Tenancy in common unless the deed declares survivorship |
Source
Md. Code, Real Prop. §§ 2-117, 4-108
Read the statute in the Maryland Code (Maryland General Assembly): mgaleg.maryland.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
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The same question in other states
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- Alaska
- Arizona
- Arkansas
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- Colorado
- Connecticut
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- District of Columbia
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