Under Maryland law, all of the following are characteristics of tenancy by the entirety EXCEPT:
Correct Answer
C) Either spouse may unilaterally convey their individual interest to a third party
In Maryland, neither spouse in a tenancy by the entirety can unilaterally convey their individual interest to a third party. Because the married couple holds the property as a single legal unit, any conveyance requires the consent and signature of both spouses. This is a fundamental characteristic that distinguishes tenancy by the entirety from joint tenancy, where a joint tenant can convey their interest without the consent of other joint tenants.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
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.
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