Transferring property between spouses in Maryland can arise for many reasons — adding a spouse to title after marriage, removing a spouse after divorce, refinancing, or updating an estate plan. While these transfers may seem straightforward, Maryland law includes specific requirements that must be followed to ensure the deed is valid and properly recorded. Below are answers to some common questions.
What is a spousal transfer?
A spousal transfer occurs when one spouse conveys their ownership interest in real property to the other spouse, or when both spouses change how the property is titled (for example, from sole ownership to tenants by the entirety). This type of ownership provides significant protections under Maryland law, including creditor protection and survivorship rights.
Are transfer or recordation taxes due on spousal transfers?
In most cases, no. Maryland law generally exempts property transfers between spouses from recordation and transfer taxes, whether during marriage or incident to divorce. However, the exemption must be properly claimed on the deed, and documentation such as a marriage certificate or divorce decree may be required.
What documentation is needed?
You will typically need a Maryland deed, a State and County Land Instrument Intake Sheet, and sometimes a spousal exemption affidavit. Each county’s Land Records office may have slightly different formatting or submission requirements.
Do both spouses have to sign?
It depends on the circumstances. Typically, only the grantor signs the deed in Maryland, but under some situations, both parties might need to sign. The deed must also be notarized and submitted to the appropriate Circuit Court Land Records division for recording.
Why use an attorney for a spousal transfer?
Spousal transfers may appear simple, but a single recording error or incorrect exemption claim can cause title issues later. Gentile Property Law Office, LLC has extensive experience preparing and recording deeds throughout Maryland. Our office ensures your transfer is properly structured, recorded, and exempted from unnecessary taxes — saving you time, expense, and future complications.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship with Gentile Property Law Office, LLC.
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