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Warranty Deed to Separate Property of One Spouse to Both Spouses as Joint Tenants - Maryland 2026

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The document is a Warranty Deed form prepared by U.S. Legal Forms, Inc. for the State of Maryland, specifically designed for transferring separate property from one spouse to both spouses as joint tenants. It includes instructions for completing the form using Microsoft Word, filing requirements in Maryland, and a disclaimer regarding the legal use of the forms. The deed outlines the transfer of property rights and includes sections for signatures, notarization, and certification of preparation.

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Click ‘Get Form’ to open the Warranty Deed in the editor.
Begin by entering the Grantor's name in the designated field, ensuring it matches legal documents.
Next, input the names of both Grantees (Husband and Wife) in the appropriate fields, confirming their joint tenancy status.
Provide a detailed description of the property being transferred. This can be typed directly into the form or attached as an exhibit.
Fill in the date of execution and ensure all witness signatures are included where indicated.
Complete the Notary section by entering your state and county, along with the notary's signature and commission expiration date.
Finally, review all entries for accuracy before saving or printing your completed document.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Do joint tenants receive separate deeds?

Joint tenants must receive their interest in the property from the same source, such as a deed or title. Equal interest. Joint tenants must possess an equal share of the property.

Is Maryland a joint tenancy state?

It is important to note that Maryland law has a presumption against joint tenancy. Unless the deed clearly specifies the intent to create a joint tenancy with the right of survivorship, the property will be treated as a tenancy in common, which can lead to potential legal complications down the road.

How do you split jointly owned property?

The most straightforward method is often for one or more of the existing co-owners to buy out your share of the house. This process involves a Transfer of Equity, where the legal and/or beneficial ownership is formally transferred to the remaining owner(s).

What happens when one partner wants to sell and the other doesnt?

When a partner refuses to pay out their share or sell jointly owned property, legal action may be necessary. Document all communications and attempts to resolve the issue amicably. If negotiations fail, filing a partition action in court can compel the sale or division of the property.

How to buy out a co-owner of a house?

If the other person agrees to a buyout, you can purchase their share of the equity in your home (typically 50%). Youll also need to remove their name from any shared home debts by refinancing it in your name alone and have the other person file a quitclaim deed to take their name off the homes title.

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What is a warranty deed for joint tenants?

General Warranty Deed (with Survivorship Rights) Couples who hold title to property as unmarried, but wish to have Survivorship Rights. Each party has a full ownership interest in the property. The property will pass instantly to the survivor upon the death of the other without probate.

How do you divide ownership of a house?

In states like California, Texas, and Arizona, assets acquired during marriage are considered jointly owned. Each spouse is typically entitled to 50% of the sale proceeds unless a prenup or postnup states otherwise. One person is the legal owner and usually receives 100% of the proceeds.

What are the pitfalls of joint ownership?

Consider the following risks before you embrace joint tenancy as a planning tool. Loss of control. Exposure to creditor claims. Unexpected tax consequences. Strained relationships. Lose use of testamentary trusts.

Warranty Deed to Separate Property of One Spouse to Both Spouses as Joint Tenants - Maryland 2026

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