Two siblings, Carol and David, inherit a parcel of land in Howard County from their parents. The deed does not specify the type of co-ownership. Under Maryland law, what form of ownership do Carol and David hold?
Correct Answer
A) Tenancy in common with equal undivided interests
Maryland law presumes tenancy in common when a deed does not expressly state the type of co-ownership or include survivorship language. Under Md. Code Ann., Real Prop. § 2-117, a conveyance to two or more persons creates a tenancy in common unless the deed expressly creates a joint tenancy or the parties are married (which would create a tenancy by the entirety). Siblings inheriting without express survivorship language hold as tenants in common.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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