Legal Question in Family Law in Maryland

As long as his name is not on any of your accounts or other assets, he can't invade these assets or prevent you from selling or refinancing your home. However, if you are still legally married at the time of your death, he would have a right to claim 1/3 of your estate, even if you have a Will in place that disinherits him. He could sign an agreement to waive the right to make that claim, but presumably he won't agree to do that. You could of course divorce him once you've been separated for a year, although if you do that, he could claim a marital interest in your property that was acquired during the marriage even though he didn't contribute to its acquisition. Then it would be up to the divorce court to determine what interest if any he is entitled to. You could also set up a living trust to avoid having to probate your assets through an estate. As for illness issues, you could execute health care and financial powers of attorney appointing someone you trust to make health care and financial decisions for you in the event you have a medical condition serious enough that you are temporarily prevented from making those decisions. You can contact me for more information if you want to put any of these documents in place.