The Montgomery Maryland Agreement to Partition Real Property among Surviving Spouse and Children of Decedent is a legal document that outlines the process of dividing and distributing real property among the surviving spouse and children of a deceased person in Montgomery County, Maryland. This agreement is used when multiple individuals, including the surviving spouse and children, are entitled to a share of the real property left behind by the decedent. This document ensures a fair and equitable distribution of the real property in accordance with the laws of Montgomery County. There are several types of Montgomery Maryland Agreement to Partition Real Property among Surviving Spouse and Children of Decedent, which may include: 1. Joint Tenancy Agreement: This agreement is used when the decedent owned the real property with the surviving spouse and children as joint tenants. In this case, the surviving spouse and children each have an equal share in the real property, and this agreement outlines the process of dividing the property among them. 2. Tenancy in Common Agreement: When the decedent owned the real property with the surviving spouse and children as tenants in common, this agreement is used. Unlike joint tenancy, each party in tenancy in common has a distinct share, which may not necessarily be equal. The agreement establishes the partition process that considers the individual share of each party involved. 3. Community Property Agreement: If the deceased person owned the real property as community property with their spouse, this agreement is used to partition the property between the surviving spouse and children. Community property laws dictate that the surviving spouse is entitled to a certain percentage of the property, and the remaining portion is distributed among the children. 4. Intestate Agreement: In case the decedent passed away without leaving a will or other estate planning documents, an intestate agreement is used to divide the real property among the surviving spouse and children based on the laws of intestate succession in Montgomery County, Maryland. The Montgomery Maryland Agreement to Partition Real Property among Surviving Spouse and Children of Decedent plays a crucial role in ensuring a smooth and lawful distribution of real property among the surviving spouse and children. It provides an opportunity to establish clear guidelines, avoid disputes, and promote a fair resolution. This agreement takes into account the unique circumstances of each case and ensures that the interests of all parties involved are protected.