Priya and James are married and own their Annapolis home as tenants by the entirety. James has a significant personal debt judgment against him from a business creditor. The creditor seeks to place a lien on the home to satisfy the judgment. Under Maryland law, which of the following best describes the outcome?
Correct Answer
B) The creditor cannot attach a lien to the property because tenancy by the entirety protects it from one spouse's individual debts
One of the key advantages of tenancy by the entirety in Maryland is creditor protection. Because the married couple holds the property as a single legal unit, neither spouse has a separate, attachable interest. A creditor of only one spouse cannot place a lien on property held in tenancy by the entirety. Both spouses must be jointly liable for the debt for the property to be subject to a lien. This protection is well-established under Maryland common law and Md. Code Ann., Real Prop. § 2-117.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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