1.3.3 Joint Trusts and Entireties Property
Maryland retains the traditional form of tenancy by the entireties. Columbia Carbon Co. v. Knight, 207 Md. 203 (1955). It is available only to a married couple holding property. A transfer to a trustee, even spouses as joint trustees of a joint trust, would appear to violate one of the basic elements required for entireties property. Virginia has extended by statute entireties protection to joint trusts in certain instances. A similar approach was rejected by the General Assembly in Maryland.