Legal Question in Real Estate Law in Maryland

Re: spouse property

If the house is owned by the entireties, or as joint tenants, you would automatically get it. If it is owned as tenants in common or by him alone, his interest would pass through his estate. If that is the case, and you are his sole heir and he has no will, or if he has a will and leaves it to you, then you get it; otherwise, it goes to whomever the will or the law says it goes to. In any event, whoever owns it will still have to pay the mortgage or the lender will be free to foreclose.

Re: spouse property

It isn't the name on the mortgage which determines whether or not you receive real property, it's how you hold it. Many married couples hold real property as Tenants By The Entirety, which does involve an automatic transfer to the surviving spouse.

Re: spouse property

It isn't the name on the mortgage which determines whether or not you receive real property, it's how you hold it. Many married couples hold real property as Tenants By The Entirety, which does involve an automatic transfer to the surviving spouse.