Kevin and Michelle are married and own a home in Frederick County as tenants by the entirety. Kevin, without Michelle's knowledge, executes a deed conveying his interest in the property to his brother, Paul. Under Maryland law, which of the following best describes the legal effect of Kevin's deed?
Correct Answer
B) The deed is void and Paul receives no interest because Kevin cannot unilaterally convey property held in tenancy by the entirety
Under Maryland law, property held in tenancy by the entirety cannot be conveyed by one spouse acting alone. Because the couple holds the property as a single, indivisible legal unit, any deed conveying the property requires the signatures of both spouses. Kevin's unilateral deed to Paul is void — not merely voidable — and Paul receives no valid interest in the property. This is a fundamental protection of tenancy by the entirety.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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