Legal Question in Real Estate Law in Maryland

Re: marriage and real estate

Assuming that the deed to the house is in the name of your wife and her son as joint tenants with right of survivorship, you have no control over the house. If your wife dies, the son will be the sole owner and can take possession or sell the house. If your wife is mentally competent, she could provide for you (with the son's cooperation) by deeding over a life estate in it to you. This would give you the right to occupy the house until your death, after which it would revert to the son. If the son won't go along with this, you better hope he'll allow you to stay as a "tenant" after your wife dies, but you won't have any control over the situation.