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Tenancy by the entirety in Maryland is available to:

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Question & Answer

Review the question and all answer choices

A

Any two people

Tenancy by the entirety is not available to any two people β€” that description more accurately fits a joint tenancy or tenancy in common, which have no marital requirement. The defining characteristic of tenancy by the entirety is the legal marital bond between the co-owners.

B

Only married couples

Correct Answer
C

Business partners

Business partners cannot hold property as tenants by the entirety in Maryland because they lack the marital relationship that is the legal foundation of this ownership form. Business partners typically hold property as tenants in common or, less commonly, as joint tenants.

D

All co-owners

'All co-owners' is incorrect because tenancy by the entirety imposes the strict prerequisite of a valid marriage. Unmarried co-owners, regardless of how many there are or how close their relationship, do not qualify for this ownership form in Maryland.

Why is this correct?

Under Maryland law, tenancy by the entirety is exclusively available to married couples, reflecting the legal unity-of-spouses doctrine upon which this ownership form is founded. Maryland courts have consistently held that this tenancy cannot be created between unmarried individuals, business partners, or any non-married co-owners, regardless of their relationship. Following Obergefell v. Hodges (2015), Maryland extended tenancy by the entirety to same-sex married couples on equal terms.

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