Lived together for 10 years in MD, and if one dies, how is the other protected from losing assets?

Question

we have lived together for over 10 years in MD and plan to continue, though may not marry legally. We share all expenses for our home, though it is only in his name. Since MD does not recognize common law marriage, is there any legal process that can protect me if he passes away first and my name is not on the house mortage, etc?? I also fear his ex would file for all his assets, on behalf of their children. Our wills designate our wishes, but that doesn't always happen in a court of law.

wondering if we must marry to protect me??

Answer 1

Get you own assets, STOP wondering about stuff that's not yours.

Answer 2

In court a will is easily broken.  It depends on the laws in your state also but even in the best situation a will might not make a difference.  The only way to have 100% security is marriage.

Answer 3

Your situation is why some couples marry...more for practical reasons than a feeling that a piece of paper makes their love more valid.

Talk to an attorney about this as it's an issue that needs to be considered if you're going to be together long term and seriously consider staying unmarried. Laws will likely vary from state to state.  

Answer 4

Maryland does not recognize common law marriage so your assets are yours and his are his.  You are right about wills, they were written to be contested.  If you feel the need, talk to a lawyer and see if they can enlighten you.  Good Luck!

Answer 5

You make a will. But if he dies and you can't qualify for the mortgage, you don't get the house if there's still a bank note on it.  

People say "marriage is just a piece of paper" but that paper is valuable LOL

Answer 6

What you need to do is talk to a lawyer and ask him what you can do to prepare just in case something happens.

Answer 7

If this is an issue, I have to ask,

Why not just get married?