Tenancy by the entirety

[MarylandBK]

Great Forum,

I am married but filing solo, me and my wife bought our house in Maryland 7 years ago when we were SINGLE we hold the deed as joint tenants before I file should I have this changed to being held as Tenancy By the Entirety? Or is this going to be nullified?

[mysticspirit25]

I believe in order for TBE to valid, it has to have been titled at the time of deed, I don't think you can simply change to TBE and then file, it will be obvious what you are doing.

[MarylandBK]

I believe in order for TBE to valid, it has to have been titled at the time of deed, I don't think you can simply change to TBE and then file, it will be obvious what you are doing.

Yes but I am not quit claiming or changing ownership besides we couldn't do a tbe at the time of sale cause we weren't married.

[mysticspirit25]

research has shown me that in order for TBE to be effective 1) you have to be married at the time of acquiring the property, 2) you both have to acquire the property at the same time and through the same instrument (deed), and 3) if you do manage to somehow title TBE now, you would not be protected, as it would be an obvious attempt to hide or protect otherwise unprotected assets, but an attorney might be able to advise better, I have heard of people doing TBE and waiting 2 years and being protected, but the law is pretty clear that beginning ownership has to be TBE for it to be valid...