The Three Ways to Take Title in Maryland

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Jun 20
3 min read

When buying real estate in Maryland, one of the most critical decisions you’ll make is how to hold title to your property. This choice impacts your legal rights, inheritance planning, and financial protections. Understanding Maryland's co-ownership options is essential whether you're purchasing with a spouse, partner, sibling, or friend.

There are three primary ways to hold title in Maryland:

● Tenants in Common (TIC)

● Joint Tenants with Right of Survivorship (JTWROS)

● Tenants by the Entirety (TBE)

In this guide, I’ll break down each option to help you make the best decision for your personal circumstances.

Tenants in Common (TIC)

Tenants in Common allows two or more people to share ownership in a property, but each has a distinct and separate interest. Unlike other forms of ownership, TIC allows for unequal shares (e.g., 60/40, 70/30).

Each co-owner has the right to transfer or sell their share independently, without needing approval from the others. However, there is no right of survivorship. If one owner dies, their share passes to their heirs or beneficiaries rather than to the other owner(s). This makes having a will especially important. If you don’t have a will, your share will be distributed based on Maryland’s intestate succession laws, which may not align with your wishes.

Best for: Unmarried partners, investment co-owners, or anyone who wants to leave their share to someone besides their co-owner.

Joint Tenants with Right of Survivorship (JTWROS)

Joint Tenancy gives each owner an equal stake in the property. A defining feature is the right of survivorship. If one owner dies, their interest automatically passes to the surviving owner(s), avoiding probate.

Under Joint Tenants with the Right of Survivorship, all owners must take title at the same time, under the same deed, and hold equal shares.Under Joint Tenants with the Right of Survivorship, all owners must take title at the same time, under the same deed, and hold equal shares.

All owners must take title at the same time, under the same deed, and hold equal shares. It’s also important that the deed explicitly states “joint tenants with right of survivorship,” otherwise, Maryland law will treat the ownership as Tenants in Common by default. That distinction can have serious consequences if not clearly addressed in your deed. Learn more from the Maryland Code – Estates & Trusts.

Best for: Couples or family members who want seamless property transfer without going through probate.

Tenants by the Entirety (TBE)

Tenants by the Entirety is a unique form of property ownership exclusively available to married couples. It provides all the benefits of joint tenancy, plus powerful legal protection against individual creditors.

With TBE, both spouses own the property as a legal unit. Neither can sell, transfer, or encumber the property without the other’s consent. If one spouse is sued or owes a debt individually, the property cannot be seized to satisfy that debt. This makes TBE a popular option for married couples seeking inheritance security and asset protection. Maryland fully supports this form of ownership, offering protection not only for real property but (in some cases), for certain personal assets.

Best for: Married couples who want automatic inheritance and strong creditor protection.

Comparison of Maryland Title Types

Maryland Property Ownership Comparison Chart

How to Choose the Right Title Structure in Maryland

Ask yourself these questions before choosing a title option:

● Are you legally married? You may benefit from Tenants by the Entirety.

● Do you want your share to go to someone other than the co-owner? Consider Tenants in Common.

● Do you want the property to pass automatically to your co-owner? Choose Joint Tenancy or TBE.

● Do you need protection from creditors? TBE offers strong protections for married couples.

Why Your Title Choice Matters

Failing to choose the right title type can result in:

● Unexpected

● Legal disputes between heirs or co-owners

● Inability to refinance, sell, or transfer your share

● Exposure to debt collection on your co-owner's liabilities

Reasoning why, it’s critical to choose the right form of co-ownership and to be sure it's reflected properly on your deed.

Final Thoughts

Your title choice is more than just legal language; it affects your family’s future, control over property, and financial protection.

Whether buying your first home or co-investing with a partner, take the time to learn about Tenants in Common, Joint Tenancy, and Tenants by the Entirety. If you're unsure, don’t guess; consult a real estate attorney or estate planner.