Legal Question in Real Estate Law in Maryland

marriage and real estate

My wife is very ill. She owns a house in which her and I have been residing. On the deed is her name and her son from a previous marriage. If something happens to my wife as in death do I have to move out and sell the house and give the money to her son or can I reside in the house?

Asked on 9/07/03, 5:14 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher
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Re: marriage and real estate

Assuming that the deed to the house is in the name of your wife and her son as joint tenants with right of survivorship, you have no control over the house. If your wife dies, the son will be the sole owner and can take possession or sell the house. If your wife is mentally competent, she could provide for you (with the son's cooperation) by deeding over a life estate in it to you. This would give you the right to occupy the house until your death, after which it would revert to the son. If the son won't go along with this, you better hope he'll allow you to stay as a "tenant" after your wife dies, but you won't have any control over the situation.

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Answered on 9/08/03, 10:54 am

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