Legal Question in Wills and Trusts in Maryland

Re: Real Property and Wills

Who owns the house now very much depends on how the house was titled. In some cases, a deed trumps a will; in others it does not.

What is most common when husband and wife buy a house together is for title to be held as "Tenants by the Entirety" -- a special kind of ownership that includes a survivorship right reserved exclusively for spouses. When the first spouse dies, their interest in the property is immediately extinguished, and ownership passes to the surviving spouse by operation of law. No will is needed, and a will attempting to devise their interest in the property to someone else would fail. It does not matter if the house continues to be titled under both names, though anyone dealing with the property would likely want to see a death certificate before accepting your husband's sole signature on something (e.g., like refinancing).

There is another form of joint ownership that includes a survivorship right, and that would result in the same situation. The only time your husband's first wife's will would affect the property is if they held title as "Tenancy in Common." In that case, her will would control how her interest in the property is to be dealt with.