Q: My ex-husband and I divorced. We are both Maryland residents and owned a home as Tenants by the entirety.
The Maryland divorce agreement stated that my ex-husband would continue to live in the home until he refinanced the mortgage and bought me out of my 1/2 share (I believe under Maryland law we automatically became Tenants in Common following our divorce). He died before refinancing, and the estate is insolvent. I am the personal representative of his estate (he died intestate, and his family wished for me to serve as PR). He has $18,000 worth of assets (including his 1/2 equity in the house) and $60,000 of debt. If he owes me $18,000 (for the funeral costs, mortgage, utility, tax, and insurance payments I have made since his death, and the Personal Representative fees), would I be able to transfer the title to my name by signing a quit claim deed as personal representative to me, personally, so that I would own the entire house in my name only.
A:
Your post correctly notes that property held tenants by the entirety becomes tenants in common owned at divorce.
Generally the Personal Representative would want to do a PR Deed (rather than a "quit claim") deed. If the value of the interest (1/2 of the house) is worth the same or less than the amount owed, then perhaps it would be possible to deed to pay off the debt. However, because a PR should use extreme caution when doing anything that could be construed as "self dealing" it would be wise to get court approval before doing such a transfer.
You may wish to get specific legal advice or assistance administering this estate. The specific facts of a particular situation may affect how this general information applies to you.
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