Legal Question in Real Estate Law in Maryland

Wife's name on deed

I was recently married, our home is paid for. My name is not on the deed. The name of my new husband and his deceased wife is. Would this make a differece when we go to sell, or if my husband should predecease me?


Asked on 9/09/03, 12:01 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Wife's name on deed

A very big difference. As things stand now, if your husband dies the property will pass through his estate and therefore have to go through probate. If he leaves the house to you in a will, you'd end up with it after probate, but if his will provides otherwise, or if he has no will and he has children from the former marriage, they'll be entitled to a share of the house. Also, if the marriage develops problems, you won't have much control (or any) over what happens to the house. I suggest you try to get him to deed the house over to both of you as tenants by the entireties. Then, the survivor of whoever dies first gets the entire house automatically.

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Answered on 9/09/03, 2:28 pm


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