Maryland Deeds Explained: What Homeowners Need To Know

By Melissa N. Paddy, Esq., Liberty Legacy Law Group

Most Maryland homeowners assume that once they’ve signed the closing documents and moved in, their homeownership is “done.” The truth? That signature was just the beginning.

The deed to your property – a document many people never think about again – plays one of the most important legal roles in protecting your home, your wishes, and your legacy.

At Liberty Legacy Law Group, we work with families every day who find themselves dealing with deed complications they didn’t know existed. Whether they’re transferring a home into a trust, planning their estate, navigating a divorce, or handling an inheritance, the same truth appears over and over again:

When your deed isn’t current, clear, or legally aligned with your intentions, the consequences can be serious.

This blog is here to explain what Maryland homeowners need to know about their deeds – without the legal jargon – and help you avoid the confusion, conflict, and court involvement that can arise when deeds are overlooked.

What Is a Deed – and Why Does It Matter?

A deed is a legal document that formally transfers ownership of real property (your house or land) from one party to another. It’s recorded in the land records of the county where the property is located and is used as the official legal evidence of ownership.

Your deed outlines:

• Who owns the property
• How they own it
• What happens to it when that person dies or transfers it

If your deed doesn’t accurately reflect your current life – or your intentions for the future –  it can lead to title issues, probate delays, or even disputes among family members.

Common Maryland Deed Types

In Maryland, there are several types of deeds, each with different levels of protection and use cases:

General Warranty Deed

The most protective for buyers. The grantor (seller) guarantees a clear title and agrees to defend against any claims to the contrary.

Special Warranty Deed

The grantor guarantees that they haven’t caused any issues with the title during their ownership, but makes no promises about what happened before.

Quitclaim Deed

No guarantees – just a transfer of whatever interest the grantor has (if any). Often used between family members, in divorces, or for estate planning transfers.

The type of deed matters – but more importantly, the details of the deed must be accurate: names, marital status, how title is held, and whether it reflects your estate plan.

Why Deeds Are Often Overlooked

Most people don’t review their deed again after purchasing their home. In fact, many can’t even locate it years later.

But here’s the problem: life changes, and your deed needs to reflect those changes.

Consider these common scenarios:

• You got married or divorced but never updated the title.
• Your spouse passed away and their name is still listed.
• You created a trust, but your home was never transferred into it.
• You want to pass your home to your children, but your deed has no survivorship or transfer language.
• You jointly own a home with a sibling or parent, but the deed doesn’t reflect what should happen when one of you dies.

If your deed doesn’t match your wishes, the court won’t guess. It will follow the document – or Maryland’s default intestacy laws – and those outcomes aren’t always what families expect or want.

Why Title (How You Hold Ownership) Matters

One of the most misunderstood aspects of a deed is title vesting – the legal term for how you own the property and with whom.

The way your name is listed on your deed can dramatically affect what happens if you die, divorce, or transfer your share.

Common forms of ownership in Maryland:

• Tenants by the Entirety – for married couples; offers protection and automatic transfer to the surviving spouse.
• Joint Tenants with Right of Survivorship – ownership passes to the surviving co-owner(s) upon death.
• Tenants in Common – no automatic survivorship; each owner’s share becomes part of their estate.

If you don’t understand how your property is titled – or if it’s incorrectly worded – your estate may face unexpected court proceedings or disputes.

When Should You Review or Update Your Deed?

Many homeowners don’t realize they should revisit their deed periodically. Here are key life events that should trigger a deed review:

• Marriage or divorce
• Death of a co-owner or spouse
• Creation of a trust
• Estate planning updates
• Gifting property to children or family
• Title corrections (name changes, typos, etc.)
• Refinancing or changing ownership structure

Think of your deed the same way you think of your will or insurance policy – it should grow and adapt with you.

The Hidden Costs of Doing Nothing

Failing to update or correct your deed can create real problems – both emotional and financial – for your loved ones.

We’ve seen:

• Widowed spouses unable to refinance or sell because the deceased spouse’s name was still on title.
• Adult children forced into probate to inherit the family home – even when there was no conflict – because the deed didn’t include survivorship language.
• Homeowners mistakenly thinking their house was in their trust, only to find out it wasn’t.
• Divorced couples stuck with joint ownership years after the final judgment.

These are not rare cases. We see them every week.

And the saddest part? They’re avoidable.

What Homeowners Can Do Today

You don’t need to be a legal expert to protect your home. You just need to take a few proactive steps:

1. Locate and Read Your Deed

If you don’t have a copy, request one from your local circuit court or land records department. If you can’t understand what it says – ask for help.

2. Make Sure It Reflects Reality

Is everyone listed still alive, still married, or still a co-owner? Is your name spelled correctly? Does the ownership type match your intentions?

3. Coordinate With Your Estate Plan

If you’ve created a will or trust, make sure your deed doesn’t contradict it. A common example: someone creates a trust but forgets to transfer the home into it. That house then goes through probate anyway.

4. Ask a Professional

At Liberty Legacy Law Group, we help families understand and update their deeds with clarity, compassion, and precision. This isn’t a corner of the legal world you want to guess your way through.

Our Commitment to Maryland Homeowners

At Liberty Legacy, we were built to serve the families who are too often left out of these conversations. We believe your family home deserves the same level of protection and attention as any investment account or trust fund.

You worked hard for it.
You paid the mortgage.
You painted the walls, fixed the roof, and raised your kids under that roof.
Now it’s time to make sure your ownership – and your legacy – are secure.

Final Thoughts: Peace of Mind Starts with Paperwork

Your deed might be sitting in a drawer right now, quietly holding the key to your family’s future.

It may look simple – but it has the power to protect your loved ones or cause unnecessary hardship.

If you’re not sure what it says, who’s listed, or how it fits into your overall plan, take this as your invitation to get clarity.

We’re here to help.

Not with judgment.
Not with pressure.
But with knowledge, kindness, and the belief that every Maryland family deserves legal confidence and peace of mind.

At Liberty Legacy Law Group, we don’t just prepare documents.
We help secure homes, honor intentions, and protect the people you love most.

Contact our office and let’s make sure your deed tells the right story – now and for generations to come.