Legal Question in Real Estate Law in Maryland
my husband and brother inherited their patents home in 1993. my husband in 1997 wanted to purchase the home, his brother refused. he and his brother are also in a verbal partnership on an apt house in another county. my husband and i were married october 2008. his brother refuses to let him put my name on the deed. am i totally unprotected for security reasons if something would happen to my husband? we are both in our early 60's
2 Answers from Attorneys
The answer to your question depends on how the property is titled on the deed. If after they closed their estate, your husband and brother-in-law put their names on a new deed as joint tenants, then whichever one survives the other will become sole owner. If they took title as tenants in common, or if they never changed the deed, then each has a half interest in the property which they can leave in their wills. So your husband could leave his interest in the property to you, or if he doesn't have a will, you would inherit his interest under the MD inheritance law, depending on what other heirs your husband would have.
Has the property been lived in by anyone who took possession through the prior probate? How are maintenance costs and profits divided if the property is rented?
If the property is titled as a joint tenancy without an appropriate written agreement between those who have an interest then you stand to loose all that has been put forth with holding the property during the years up to the death of your husband.
Contact me to discuss.
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