Legal Question in Family Law in Maryland

I am living with a man for 13 years. He lied to me and told me he was divorced.

We own a car and house together. Since we did not get married i had a life estate deed drawn up on the house which we filed with a title company saying if he passes away me and my heirs get his 1/2 of the house. I just recently found out he calls his wife about 3 to 4 times a day. He does not seem to want to split up with me. He also has a daughter(not the wife's) who he has not seen for 20 years. Since Maryland has no common law marriage and he is still married. What happens if he passes away? Will i have to fight his daughter & wife for the car?(which is a very expensive cadillac escalade) or will that automatically become mine since my name is on the other half. What about the house? Will i have any problem with the life estate deed? I have him listed as a "domestic partner" at work, so i cover him with life insurance. Is this illegal now that i found out he is still married? If i decide to leave can i force the sale of the house. I am so frustrated!

Please advice.


Asked on 8/14/09, 8:02 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

As to the house, you should be OK, because he has no interest that he can pass on to the wife or other legal heirs. You didn't indicate in whose name the life estate is. If it's his only, it's important to know if he reserved the power of sale or other disposition in the deed. If so, he could dispose of the property before he dies. If he still owns it at death, it goes to you as the remainderman.

As to the car, you should check the title to see how your ownership is classified if at all. You should be able, upon his death, to present a death certificate and get a title reissued in your name. I suggest you contact MVA to see what their procedure is, and also whether you would be required to get new tags since you are unrelated.

As to your life insurance, he may no longer qualify as a domestic partner in view of his marriage, so you need to check with your insurance provider to see if he is still eligible to be a beneficiary.

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Answered on 8/19/09, 11:26 am


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