Know your home. Know your options.

You know every corner of your home. The spot where the morning sunlight comes in. The closet that needs organizing. The room where everyone gathers.

But here’s a question that might take a little more thought: Whose name is actually on your deed?

If your answer is “I think it’s…” or “I’m pretty sure…,” consider this a friendly reminder to take a look. Understanding your ownership paperwork is a valuable part of caring for your home and planning for your future.

Your deed and your mortgage serve different purposes

A deed transfers ownership rights in real estate. It is an important starting point for understanding who owns your home. Maryland Courts explains the role of a deed.

Your loan paperwork addresses financing. The promissory note sets out the obligation to repay the loan, while a mortgage or deed of trust secures that loan against the property.

Simply put, ownership and borrowing are separate questions. When reviewing your paperwork, ask both: Who owns the property, and who is responsible for the loan?

The names matter. So does how ownership is held.

A home may belong to one person or have multiple owners. In Maryland, common forms of shared ownership include:

• Tenants in common: Owners can hold different percentage interests. An owner’s share does not automatically pass to the other owners when that person dies.
• Joint tenants with right of survivorship: A deceased owner’s interest generally passes to the surviving joint owners.
• Tenants by the entirety: A form of ownership available to married couples that includes survivorship rights.

These terms can affect what happens after an owner dies and how ownership interests can be transferred. Have an attorney explain which arrangement applies to your property. Maryland People’s Law Library: Joint Ownership.

When should you take a closer look?

Consider reviewing your deed when you:

• Get married or divorced.
• Inherit a home.
• Lose a spouse or another property owner.
• Begin estate planning.
• Consider adding a child or family member as an owner.
• Prepare to sell or refinance.

You don’t need to wait for a major life event, though. “I want to understand my paperwork” is a perfectly good reason to start.

Adding someone’s name deserves careful thought

Adding or removing an owner generally requires preparing and recording a new deed. It is a property transfer with potential legal and tax consequences.

Before making a change, speak with a Maryland real estate or estate planning attorney and, when appropriate, a tax professional. Maryland Courts’ deed guidance.

Bring your goals to that conversation. Are you hoping to simplify an inheritance? Share ownership with your spouse? Help a family member? Explaining what you want to accomplish helps the professional evaluate your options.

What if someone on the deed has passed away?

Their name may still appear in the recorded documents. What happens to their ownership interest depends on how the property was held and the applicable estate process. Survivorship arrangements can work differently from property passing through an estate. Maryland People’s Law Library.

Before assuming who can sell or transfer the home, have the documents reviewed.

How can you find your deed?

Maryland homeowners can view recorded deeds through Maryland Land Records, with a free account. You can also contact the Land Records Department at the Circuit Court where the property is located. Maryland Courts’ lookup instructions.

Once you have a copy, make a short list of anything you don’t understand. You don’t need to decode the legal language on your own.

Have questions about where to begin?

I’m happy to help you understand the real estate side and connect you with an appropriate title professional, real estate attorney, or estate planning attorney.

Your home is part of your story. Understanding how it’s owned is one more way to plan thoughtfully for what comes next.

Toni McDowell, REALTOR®
Keller Williams Select Realtors
410-758-7766
ToniMcDowellHomes.com

People. Homes. Community. Always.

This article provides general information about Maryland property ownership and is not legal or tax advice.