Legal Question in Family Law in Maryland

Right of Ownership

If I bought a house before I was married, and am now separated and have been for 3 years and if I were to die, would my husband be entitled to the property or if I wrote it out in my will that my children should get the house, can he take it from them or try to get it? Does he have any rights if I have everything written out in my LW&T and put it in my safe deposit box?


Asked on 9/19/06, 10:32 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Right of Ownership

If you are still legally married when you die, your husband can claim 1/3 of all of your property even if he isn't named as a beneficiary in your will, unless he agrees to waive this right in writing. If you get divorced, he loses all right to your property, with or without an agreement.

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Answered on 9/19/06, 2:03 pm


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