Marcus and Diana are married and own their home in Baltimore County as tenants by the entirety. Marcus passes away without a will. Under Maryland law, what happens to Marcus's interest in the property?
Correct Answer
C) Diana automatically becomes the sole owner of the entire property by right of survivorship
Under Maryland's tenancy by the entirety rules, the right of survivorship is automatic and inherent. When one spouse dies, the surviving spouse immediately becomes the sole owner of the entire property by operation of law, regardless of whether the deceased spouse had a will. The property does not pass through probate. This is governed by Md. Code Ann., Real Prop. § 2-117.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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