Maryland Quitclaim Deed from one Individual to Three Individuals as Joint Tenants with the Right of Survivorship
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FAQ
'Joint tenants with right of survivorship' means that two or more individuals own a property together, with each having equal rights. When one owner dies, their share goes directly to the surviving tenants without going through probate. This legal arrangement promotes a seamless transfer of ownership and can be advantageous for families or partners.
This is known as 'Severing the Joint Tenancy'. It requires service of a written notice of change the 'severance'. It can be done without the other owner's cooperation or agreement. It is recorded at the Land Registry, and the other owner will know it has been done but only 'after the event' so to speak.
In order to sever the right of survivorship, a tenant must only record a new deed showing that his or her interest in the title is now held in a Tenancy-in-Common or as Community Property.
The tenancy will continue if only one joint tenants leaves without having the right to do this. You will only have the right to leave a joint tenancy early if your landlord agrees to this arrangement or if your tenancy agreemetn allows you to.
If you're joint tenants and you both want to leave, either you or your ex-partner can end the tenancy by giving notice. You'll both need to move out. If you've agreed one of you plans to stay, it's usually best to explain this to your landlord and ask them to update the tenancy agreement.
For example, if one joint tenant wants to sell the property but the other joint tenant doesn`t want to sell, it is possible to ask for a court order to either physically divide the property or sell it and divide the sales proceeds among the joint tenant owners.
Joint tenancy can only be created if the four people obtain their interest at the same time. In other words, if three people own a building, they cannot add a fourth person to the deed and create a joint tenancy.
As with the tenancy-in-common, a joint tenancy can exist in three or more people. Obviously, each party must have an interest that is equal to one divided by the total number of joint tenants. If one of the joint tenants dies, the others share his or her interest and they remain joint tenants with each other.
Joint tenancy creates survivorship rights: If one owner dies, the share automatically passes to the surviving owner. You can terminate joint tenancy by transferring your share to the other tenant. A joint tenant also has the right to sell or gift his share to another party.
When joint tenants have right of survivorship, it means that the property shares of one co-tenant are transferred directly to the surviving co-tenant (or co-tenants) upon their death. While ownership of the property is shared equally in life, the living owners gain total ownership of any deceased co-owners' shares.
