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Children were able to kick parents out of own home

THE BALTIMORE SUN

When the Latansky family bought their first home in America, the parents, Boris and Natasha, made the down payment. Nobody paid attention to the deed, which named their son, Dmitri, and daughter-in-law, Anna, as the sole owners.

For several years, they lived together peacefully. Boris and Natasha worked hard to pay the mortgage, utilities and upkeep on the home. After all, Dmitri contributed money for food, and Anna had the little ones to care for.

Then, trouble began. The relationship between Dmitri's parents and their daughter-in-law became increasingly strained. Anna told Dmitri she could not stand living with his parents. Bitter words were exchanged. There were ugly scenes.

Finally, Anna demanded that her in-laws leave the house. "This house belongs to me and Dmitri," she shouted, "You have no legal right to be here."

Now, Boris and Natasha shed tears sometimes, silently and alone in their new "home" - a small two-bedroom unit in a large, faceless apartment complex. Dmitri, Anna and the grandchildren live in their house.

As Boris and Natasha sadly learned, they have no legal rights in the home they worked so hard to buy. They wish they had been correctly advised about the deed and legalities involved in owning real estate.

Each state has laws about titling real estate, but there are similarities between the laws in Maryland and those in many other states.

Here are the four basic types of ownership by individuals:

Tenants by the entireties. This type of ownership is for spouses. Husband and wife own the property together. Neither can sell, mortgage or give the property alone. It takes the consent and signatures of both spouses. When one dies, the survivor owns the property automatically. A will or new deed is not necessary to pass title to the surviving spouse.

Joint tenants. This type of ownership means that two or more individuals own the property together. On the death of any one, the survivors own the property automatically. For example, if A, B and C each own a one-third interest in real property as joint tenants, when A dies, B and C each own a one-half interest as joint tenants. When B dies, C will own 100 percent interest in the property. Any joint tenant can sell, mortgage or give away his or her interest in the property, but all joint tenants must consent and sign a deed to convey the entire property.

Tenants in common. This type of ownership is like a joint tenancy, except for one thing: When a tenant in common dies, his or her share does not pass automatically to the survivor. Instead, the property interest of a deceased tenant in common passes according to his or her will (or if no will exists, to the decedent's legal heirs).

Life estate. In this type of ownership, one or more individuals have the right to use and control the property during their lifetime. After the death of all life tenants, the property passes to other named individuals (called "remaindermen") who own the property outright. A deed may include special "powers" which allow life tenants to sell, mortgage or give the property away during their lifetime without the remaindermen's consent.

The particular type of ownership should be spelled out clearly in the property deed. For example, if the deed had named Boris and Natasha as joint tenants with their son, the parents' legal rights would have been better protected.

Check your deed and make sure your property is titled the way you want it to be. If not, consider the possibility of everyone in title signing a new deed that corrects the situation.

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