Legal Question in Family Law in Maryland

You'll need to have a properly formatted agreement.

� 8-101. Deeds, agreements, and settlements valid.

(a) Deed or agreement.- A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights.

(b) Settlement.- A husband and wife may make a valid and enforceable settlement of alimony, support, property rights, or personal rights.

If there is no agreement if someone dies it would likely be argued in probate.

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If you are still legally married, which you are until a formal judgment of divorce goes into effect, your spouse can claim up to 1/3 of your individually owned property even if you have a will leaving them nothing. If you have property in joint names with your spouse, like a house or a bank account, the spouse would become the sole owner upon your death.