Robert and Lisa are married and own a home in Prince George's County as tenants by the entirety. They later divorce. Under Maryland law, what happens to the tenancy by the entirety upon the entry of a final divorce decree?
Correct Answer
D) The tenancy by the entirety is automatically severed and converts to a tenancy in common
Under Maryland law, tenancy by the entirety requires an ongoing valid marital relationship as one of its essential unities. When a final divorce decree is entered, the marital unity is destroyed, and the tenancy by the entirety is automatically severed by operation of law. The former spouses then hold the property as tenants in common with equal undivided interests, unless the divorce court orders otherwise in the property settlement.
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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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