Gift Deed - One Individual to Two Individuals as Joint Tenants - Maryland 2025

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Joint tenancy with the right of survivorship means that all co-owners share equal rights to the property. If one tenant dies, their share automatically passes to the surviving tenants without going through probate.
However, joint tenancy also has its disadvantages. Potential conflicts between co-owners can arise, especially if they have different ideas about how the property should be used or managed. Another disadvantage is the inability to designate separate shares of the property.
A house deed is an important legal document that proves that you are the true legal owner of your house. It gives you certain title rights, such as the right to take out a mortgage, or to buy, sell, rent or transfer the house. As you likely know, a mortgage is a specific type of financial loan used to buy a home.
Generally, if there are two names on the deed and the deed does not describe how the property is owned, the default is that it is owned as tenants in common if the co-owners are not spouses and tenancy by the entirety if they are.
Tenancy by the entirety is the third option for joint ownership of real property in Maryland. Unlike joint tenancy and tenancy in common, tenancy by the entirety is only available to a married couple. Each spouse owns an undivided interest in the real property, and there is a right of survivorship.
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If you are wondering, what are my rights if my name is on a deed but not the mortgage, it is important to understand that you are legally recognized as an owner of the property. However, you are not financially responsible for the loan.
Taxes: Adding a person other than your spouse to a bank account can trigger the federal gift tax. This might happen if a parent makes a child an account co-owner and the child makes a withdrawal above the annual gift tax exclusion amount ($18,000 in 2024).
Once another person is added to the deed, the property can become exposed to their financial risks. If the other person has debts or legal issues, the property could potentially be seized by their creditors. Then, theres a loss of control to consider.

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