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In Maryland, prior
to divorce, one spouse cannot force the sale of a jointly owned home,
which spouses typically own as tenants by the entireties.
“Tenants by the entireties” property entitles each spouse to use of the
entire property and no right to lease, dispose of or encumber the
property without both spouses’ consent.
Upon divorce, the Court can order the sale of a jointly owned home or
transfer of the home to one spouse. The Court can also award use and
possession of the home to a spouse who has custody of a minor child for
up to 3 years after the divorce. The home would then be sold or
transferred upon expiration of the use and possession period.
After the divorce, if there is no use and possession or transfer order,
one spouse can force the sale of a jointly owned home because it is no
longer owned as tenants by the entireties. Upon divorce, title held as
tenants by the entireties converts to tenants in common.
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