Detailed Answer — How to determine your ownership percentage

Short answer: Check the deed and county land records first. If the deed states fractions or percentages, those control. If it does not, the deed’s form of ownership (for example, tenants in common, joint tenants with right of survivorship, or tenancy by the entirety) and any trust or court orders determine who owns what. If ownership is unclear, get a title search and consult a Maryland real estate attorney.

Step-by-step actions you can take right away

1. Get a copy of the recorded deed and property records.
   – Search Maryland’s county land records system (many counties use the statewide portal at mdlandrec.net) or use the State Department of Assessments & Taxation property search: SDAT Real Property.
   – The recorded deed is the primary document that shows how title is held and often states ownership shares (for example: “as tenants in common, each owning an undivided one-half”).
2. Read the deed language carefully.
   – If the deed expressly states a fractional interest or percentage (“1/2,” “25%,” “an undivided one-third interest”), that is the best evidence of ownership share.
   – If the deed names owners “as tenants in common” but does not give fractions, courts typically presume equal shares unless the deed or other clear evidence shows otherwise.
   – If the deed describes owners “as joint tenants with right of survivorship” or “tenants by the entirety” (for married couples), the rules about survivorship and unity of title apply — these forms usually do not show divisible percentages while both owners are alive.
3. Check for other documents that affect ownership.
   – Trust documents: property may be titled in a revocable or irrevocable trust. Ownership is controlled by the trust terms.
   – Life estate deeds: an owner may retain a life estate while the remainder interest is held by others.
   – Deeds of distribution, divorce settlement orders, probate records, or court orders can change title or allocate interests.
4. Run a title search or hire a title company/attorney.
   – A professional title search will identify mortgages, liens, prior deeds, recorded easements, and any recorded instrument that affects ownership percentages or the ability to sell.
   – Title insurance commitments explain the requirements to clear title before sale.
5. If the recorded documents are ambiguous or missing, consider legal remedies.
   – Quiet title or partition actions in Maryland courts can resolve disputes about ownership or force a sale. These are judicial remedies that require filing in the appropriate court; a Maryland real estate attorney can advise on whether one is appropriate.

Common ownership situations and what they mean for percentage rights

• Tenants in common: Each owner has an individual, divisible interest. If the deed specifies “one-half” or “one-third,” that is the percentage. If it doesn’t specify, shares are generally presumed equal unless other evidence shows different contributions or intent.
• Joint tenants with right of survivorship: Co-owners each own the whole with survivorship. On death, interest passes automatically to surviving joint tenant(s). Joint tenancy typically does not display separate fractional ownership while the joint tenants are alive.
• Tenancy by the entirety (married couples): Maryland recognizes tenancy by the entirety, which treats spouses as a single legal unit with survivorship. Both spouses must join to convey the property in most cases.
• Trust ownership: If the deed shows the trustee as owner, the trust document controls beneficial ownership. You may have a beneficial interest that is different from record title.
• Life estate: One person may hold a life estate while another has the remainder interest. The life tenant has possession rights but not necessarily a saleable full ownership interest that can be transferred free of the remainder interest.

How a sale is affected by ownership shares

To sell marketable title, the buyer and title company will typically require all legal owners listed in the deed to sign the deed of sale. If one co-owner refuses, the sale generally cannot proceed unless a court orders a partition sale. Also, recorded liens or mortgages must be paid from sale proceeds or otherwise cleared before title transfer.

Relevant Maryland resources and statutes

• Maryland General Assembly — Real Property Code (statutes affecting deeds, conveyances, and recording): Maryland Code — Real Property.
• Maryland Land Records portal (recorded deeds and instruments): mdlandrec.net.
• SDAT Real Property search (assessments and owner name listings): SDAT Real Property.
• Maryland Courts — probate and civil court information (for probate, partition, or quiet title actions): mdcourts.gov.

Example (hypothetical facts)

Hypothetical: A recorded deed shows “Alice Parent and Bob Parent as tenants in common.” The deed does not state percentages. Under typical Maryland practice, each parent is presumed to own a 50% undivided interest. If Alice later executes a deed conveying “her one-half interest” to you, that deed transfers Alice’s 50% share. If instead the deed had said “Alice Parent and Bob Parent as joint tenants with right of survivorship,” Alice could not unilaterally leave a percentage to you at death because survivorship would operate to give Bob the whole interest on Alice’s death.

When to get a lawyer: If the deed is ambiguous, if documents conflict, if someone is claiming your interest should be larger or smaller, if someone refuses to sign for a sale, or if you need to bring a quiet title or partition action, consult a Maryland real estate attorney promptly.

Helpful Hints

• Start by searching the county land records or SDAT for the recorded deed and any later instruments.
• Look for specific language: fractions, “tenants in common,” “joint tenants,” “tenancy by the entirety,” “trustee,” or “life estate.” That language matters.
• If the deed is silent on percentages, assume equal shares unless you find a deed or agreement stating otherwise.
• Ask the parents for the original deed, closing paperwork, mortgage documents, and any trust paperwork — those documents often settle ownership questions quickly.
• Order a professional title search or preliminary title report before relying on any assumed percentage when planning a sale or distribution.
• Be cautious about powers of attorney: a POA can allow someone to sign on behalf of a principal only if the POA document grants conveyance authority and the principal is still legally competent to have executed it; a POA does not automatically change ownership percentages.
• If you suspect fraud, forgery, or undue influence (for example, a deed suddenly conveying a large share to someone who provided no money), contact an attorney immediately — remedies may include litigation to set aside the deed.
• When proceeds are split on sale, clear, recorded evidence of the owners’ shares makes distribution straightforward. Without clear evidence, disputes may lead to court proceedings that increase cost and delay.