Maryland Joint Property & Tenancy by the Entirety

Maryland demands express joint tenancy language — but once you use it, you don't need to say anything else for survivorship to apply.

The statute demands express language

Under Real Property § 2-117, no deed, will, or other written instrument that affects land or personal property creates a joint tenancy unless it expressly provides that the property granted is to be held in joint tenancy. Without that express statement, a conveyance to two or more people is presumed to be a tenancy in common, with no survivorship — a co-owner's share goes through probate.

But "joint tenants" alone is enough

Maryland doesn't require the fuller, more formal phrase some other states expect. Maryland courts have held that a transfer to two or more people simply "as joint tenants" is sufficient on its own to create a joint tenancy with the right of survivorship — the complete phrase "joint tenancy with the right of survivorship, and not as tenants in common" isn't necessary. Once a Maryland deed uses "joint tenants," survivorship is treated as a defining, automatic feature of that ownership form, not something that has to be separately spelled out.

The four unities still apply

Creating and maintaining a Maryland joint tenancy also requires the traditional "four unities": time, title, interest, and possession. All joint tenants must acquire their interest at the same time, through the same instrument, in equal shares, with an equal right to possess the entire property. If one joint tenant's unilateral action — such as conveying away their own share — destroys one of these unities, the co-ownership converts to a tenancy in common as to that share, and the mutual survivorship right ends.

Tenancy by the entirety for married couples

Maryland presumes that real estate conveyed to a married couple is held as tenants by the entirety, unless the deed says otherwise. This form carries an automatic right of survivorship and generally shields the property from the separate creditors of just one spouse, since neither spouse holds a severable individual share the way an ordinary joint tenant does.

Divorce ends it automatically

The protection tenancy by the entirety offers isn't permanent. An absolute divorce converts the tenancy by the entirety into a tenancy in common automatically, by operation of law — no new deed is needed to make that change, and neither the survivorship right nor the creditor protection survives the divorce.

Getting married later doesn't convert existing joint tenancy

The reverse situation doesn't happen automatically either. If two people already own property together as ordinary joint tenants and later marry each other, their ownership doesn't spontaneously convert into a tenancy by the entirety — they'd need to record a new deed to make that change.

A newer alternative, arriving in 2026

None of these co-ownership forms are the only way to keep Maryland real estate out of probate. See our guide to the new Maryland TOD deed for a tool that avoids probate without requiring a co-owner at all.

Maryland joint property — frequently asked questions

Does a Maryland deed need to say "with right of survivorship"?

No. Maryland case law has held that a transfer to two or more people "as joint tenants" is enough on its own to create a joint tenancy with the right of survivorship — the full phrase "joint tenancy with the right of survivorship, and not as tenants in common" is not required.

What does Maryland Real Property Section 2-117 require?

That the deed, will, or other written instrument expressly provide that the property is to be held in joint tenancy. Without that express statement, ownership by two or more people is presumed to be a tenancy in common, with no survivorship.

What are the four unities required to create a Maryland joint tenancy?

Unity of time, title, interest, and possession — all joint tenants must acquire their interest at the same time, by the same instrument, in equal shares, with an equal right to possess the whole property. A joint tenant's unilateral action can destroy one of these unities, converting the ownership into a tenancy in common.

What happens to Maryland tenancy by the entirety after a divorce?

An absolute divorce automatically converts a tenancy by the entirety into a tenancy in common by operation of law — the survivorship right and the creditor protection that came with the entirety both end at that point.

Does marrying after buying property together create tenancy by the entirety in Maryland?

No, not automatically. If two people already own property together as joint tenants and later marry each other, their ownership does not automatically convert into a tenancy by the entirety — they need to record a new deed to make that change.

This page provides general guidance only and is not legal advice. Figures and rules are based on Maryland statute (RP § 2-117) and published Maryland court decisions, verified per our methodology. Confirm how a specific deed is actually titled with the county land records office or a licensed Maryland attorney before acting.