Legal Question in Real Estate Law in Maryland

Can a man living common law with a woman for about 10 yrs, claim any ownership in the home titled only to her after she dies?


Asked on 6/20/16, 9:26 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Generally a husband has rights to claim one-third or greater of the probate estate of his wife, either under the laws of intestate succession or under the statutory election. A live-in boyfriend/girlfriend has no such rights.

Maryland does not have common law marriage. (There may be an exception where a man and woman were married under common law in another jurisdiction first and later moved to Maryland but that would be very fact specific and not something that can reasonably be answered in an online bulletin post).

You are encouraged to seek legal advice to answer any specific legal questions you may have. While I hope the general information above helps, it creates no attorney/client relationship and offers no specific analysis.

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Answered on 6/20/16, 9:34 am


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