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Gift Deed - One Individual to Two Individuals as Joint Tenants - Maryland

Gift Deed - One Individual to Two Individuals as Joint Tenants - Maryland 2026

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The document is a Gift Deed form prepared by U.S. Legal Forms, Inc. for use in the State of Maryland, allowing an individual (Grantor) to transfer property to two individuals (Grantees) as joint tenants. It includes instructions for completing the form, filing requirements, and a disclaimer regarding legal advice and liability. The deed outlines the terms of the property transfer, including rights and responsibilities of the parties involved.

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Click ‘Get Form’ to open it in the editor.
Begin by entering the Grantor's name in the designated field, indicating the individual making the gift.
Next, fill in the names of the Grantees, who are the two individuals receiving the property as joint tenants.
Provide a detailed description of the property being transferred. This can be entered directly into the form field or attached as an exhibit if necessary.
Complete any additional fields regarding easements or rights-of-way that may affect the property.
Sign and date the document where indicated, ensuring that witnesses also sign as required by Maryland law.
Finally, ensure that you have a notary public witness your signature for legal validation.

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

How to transfer a joint tenancy?

If you are joint tenants, you may wish to change the tenancy so that it is in the sole name of one of the joint tenants, for example because one of the joint tenants has moved out. A joint tenancy can be changed to a sole tenancy by an order made by the court.

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.

Can two people be on the deed?

When there are two names on a title deed, it means that there are joint owners of the property, and each person owns an equal share of the property. The mortgage does not need to include both names to be valid.

What is the downside to joint tenancy?

Lack of control: Each joint tenant has equal rights, which means one party can force a sale or take out loans against the property. Unintended tax consequences: In California, joint tenancy can lead to unfavorable property tax reassessments or lost step-up in basis benefits.

Is joint tenancy considered a gift?

Gift Taxes and Joint Tenancy Gift taxes on real estate are much worse than with a bank account. Cash in a bank account is only considered a gift when it is used. Real estate, on the other hand, is considered a gift as soon as the Joint Tenancy is created.

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Does adding a joint owner count as a gift?

The IRS provides clear guidance that a gift is not considered made until the new joint owner withdraws funds for their own benefit, not just when their name is added to the account. Its worth noting that joint accounts between spouses operate under different rules.

Can you gift a joint tenancy?

Gift Taxes and Joint Tenancy When you own property using Joint Tenancy with someone other than your spouse, the government may see this transaction as a gift instead of estate planning. If this happens, gift taxes will become due, and you will typically be liable for the taxes.

Gift Deed - One Individual to Two Individuals as Joint Tenants - Maryland 2026

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