Sale Of Shares Agreement With Possession In Maryland

State:
Multi-State
Control #:
US-00036DR
Format:
Word; 
Rich Text
Instant download

Description

In equity sharing both parties benefit from the relationship. Equity sharing, also known as housing equity partnership (HEP), gives a person the opportunity to purchase a home even if he cannot afford a mortgage on the whole of the current value. Often the remaining share is held by the house builder, property owner or a housing association. Both parties receive tax benefits. Another advantage is the return on investment for the investor, while for the occupier a home becomes readily available even when funds are insufficient.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The tax is imposed ½ on the grantor (seller), and ½ on the grantee (buyer).

A Maryland personal property return (Form2) must be filed by all sole proprietorships and general partnerships if they possess (own, lease, rent, use or borrow) business personal property or need a business license. A business which fails to file this return will likely receive an estimated assessment.

State Transfer Tax The tax is one half of 1 % (0.5%) of the consideration, except for deeds to a first time MARYLAND home buyer, in which case the tax is one fourth of 1 % (0.25%). See Tax Property Article, §13-207 for exemptions from tax.

Tenancy by the Entirety Each spouse owns an undivided interest in the real property, and there is a right of survivorship. Maryland has a presumption that property held by a married couple is held as tenants by the entireties. The presumption applies to property acquired by the married couple.

Adverse possession requires a claimant to demonstrate a set of stringent elements for a continuous period of 20 years: actual, open and notorious, and exclusive use; continuous and uninterrupted use for the required duration; and use that is hostile, under a claim of title or ownership.

Typically, joint tenants also have the right of survivorship. If a tenant dies, a joint tenant with this right inherits the deceased's share of the property immediately. Joint tenancy is most common among married couples because it helps property owners avoid probate.

The potential for legal issues is another disadvantage of tenancy by the entirety. For instance, when a couple moves to a non-recognition state, legal questions concerning property rights, creditors, and divorce proceedings may arise and need to be addressed within the framework of the new jurisdiction.

Joint Tenancy is a co-tenancy that includes rights of survivorship for non-married individuals. However, in Maryland, there is a presumption against Joint Tenancy. Therefore, the intention to create a joint tenancy must be explicit, e.g. the deed should state “as joint tenants with rights of survivorship”.

Tenancy by the Entirety Each spouse owns an undivided interest in the real property, and there is a right of survivorship. Maryland has a presumption that property held by a married couple is held as tenants by the entireties. The presumption applies to property acquired by the married couple.

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Sale Of Shares Agreement With Possession In Maryland