Legal Question in Family Law in Maryland
Rights for Unmarried Couple
My mother is 65 years old and has lived with her boyfriend for 18 years. She wants to finally leave him, however, everything is in his name..the house, cars, etc. They were engaged about six years ago. He recently had her sign over a joint savings account and a $40,000 CD to him. She was misdiagnosed with Breast Cancer and he was trying to seek her financial assistance with prescriptions. He claimed she couldn't have any large amounts of money or property. That CD was all she had along with a lot of valuables inside the house, i.e. jewelry, antiques,etc. Does she have a legal right to anything? Also, can she attempt to have her name put back on the CD? She was not approved for the additional assistance.
1 Answer from Attorneys
Re: Rights for Unmarried Couple
If the boyfriend is not willing to make a fair distribution of the jointly owned property, and to return the CD to him, your will have to file a court action seeking that. She will have to be able to demonstrate that she made a financial contribution to the assets in which she's claiming an interest. With respect to the CD, she will have to show that she bought it herself and only signed it over to create eligibility for financial assistance (probably a fraudulent act); not to make a gift of the CD to the boyfriend.