Legal Question in Family Law in Maryland
Right of Ownership
If I bought a house before I was married, and am now separated and have been for 3 years and if I were to die, would my husband be entitled to the property or if I wrote it out in my will that my children should get the house, can he take it from them or try to get it? Does he have any rights if I have everything written out in my LW&T and put it in my safe deposit box?
Asked on 9/19/06, 10:32 am
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: Right of Ownership
If you are still legally married when you die, your husband can claim 1/3 of all of your property even if he isn't named as a beneficiary in your will, unless he agrees to waive this right in writing. If you get divorced, he loses all right to your property, with or without an agreement.
Answered on 9/19/06, 2:03 pm
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