Legal Question in Wills and Trusts in Maryland
I live in Baltimore, MD 21224
My father passed away about five years ago and left a will to me Im married so when The will went through I open an account with me and my husbands name on it and put the money from the will in that about a year later my husband open up a separate account for his business but his name remained on my account with the will but no longer put money in the account so what is there is mine question? 1 if his name is still on my account even though he's not putting money in it can he touch any of that
Next i bought a house when I first Open up a bank account with the will money I put his name on it too because were married but because I bought it with the money from the well can he Tate my house or force me to sell it and split profit ?
Not sure if it matters but we have a 10-year-old daughter and we just adopted my 5year old niece about a year ago Who we been reason since 1year old
I'm asking these questions because our relationship has been spiraling out of control he's always had all the control and power in our relationship and threatens to take everything from me
1 Answer from Attorneys
Generally speaking, money received by inheritance or gift is the sole property of the receiving person in this state and is not marital property just because the person inheriting is married. HOWEVER, title usually trumps the origin, so if an asset (such as a bank account or house) is owned later transferred or owned jointly, then most of the time the law will consider it a joint asset for all intents and purposes, irrespective of where the funds originally came from.
Usually a joint owner can force the sale of a property through means of a sale in lieu of partition case.
In some very limited cases, there may be theories of constructive trust (basically to say that based on the particular circumstances someone in title or possession was supposed to hold it for someone else). In family law situations there may be other factors, such as use and possession orders allowing one of the parties to live in the house.
The above only offers general legal information. For a more detailed analysis of your particular situation or how specific facts may affect the general legal principles, you may wish to consult with a family law attorney.
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