Legal Question in Real Estate Law in Maryland

My boyfriend and I been together for 15 years and have 4 kids together. We were both locked up just recently. During that time, his mother came and got some stuff from the house that she claimed was "his". I'm out now and he's got 15 years to do. Who is legally entitled to his stuff because his mom acts like she can come to the house and take whatever she wants, even christmas items I've bought for him and christmas gifts she's bought for the two of us, such as dvd player, video camera, etc. For example, she had given us a kitchen table and chairs and a coffee table 8 years ago when we first moved into our own place, and she came and took those while I was in jail as well. And she seems to think that anything we bought together belongs to him since he was the 'bread winner' and made more money than me. Anyway, him and I are still together and get along just fine, but me and my family had a falling out with her while I was locked up and she is a very vendictive person, so she basically tried to reak havoc on us and wanted to come and get everything that she felt belonged to him so it was not in our possession. Maryland doesn't recognize 'common-law marriage", so does she have any claim to anything, or is it basically up to me and him? And if he was to tell her she could get certain things, does that then give her the right to get them?

Thanks,

Jen


Asked on 12/20/09, 10:46 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

If when you acquired these items the intent was that they be joint property, then they remain yours and she has no right to take anything. For those items that were gifts to him alone, only he can remove them from the premises, so unless he authorized her to do this, she should return them. I suggest you change the locks immediately. Also, since you still consider yourself a couple, have your boyfriend instruct his mother to return everything she's taken. After all, these items benefit the children as much as you (assuming you have custody).

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Answered on 12/28/09, 6:47 am


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