Trapasso v. Lewis
239 A.3d 703
Md. Ct. Spec. App.2020Background
- In 2003 Waltraud Regina and Thomas Kramer signed a written "Marriage Agreement" and participated in a religious marriage ceremony officiated by an Anglican priest, but they did not obtain a state marriage license.
- The couple later purchased a condominium as tenants by the entireties.
- In 2015 Regina executed a deed purporting to convey her interest in the property to the Waltraud Regina Living Trust.
- Regina died in 2016; the trustee (Trapasso) sued to quiet title, asserting the marriage was invalid for lack of a license and that the Trust therefore owned 50%.
- The circuit court found the parties validly married, held Regina lacked authority to convey her entireties interest unilaterally, and declared Kramer the sole owner; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a ceremonially solemnized marriage without a license is valid under Maryland law | Trapasso: FL §§2-401 and 2-406(e) require a license; absence of a license invalidates the marriage | Kramer: Prior caselaw (Feehley) treats unlicensed ceremonial marriages as valid; statutes create criminal penalties but do not void the marriage | Court: Valid — statutes impose misdemeanors but do not nullify ceremonially valid marriages absent clear legislative intent (affirmed) |
| Whether Regina could unilaterally convey her entireties interest to the Trust | Trapasso: If not married, property is tenancy in common and Regina could convey 50% to the Trust | Kramer: If married, tenancy by entireties prevents unilateral conveyance; Regina’s deed is void | Court: Regina was married; her unilateral deed was invalid; Kramer became sole owner on her death |
Key Cases Cited
- Feehley v. Feehley, 129 Md. 565 (1916) (holding licensing statute creates penalties but does not plainly disclose intent to void ceremonially valid marriages)
- Picarella v. Picarella, 20 Md. App. 499 (1974) (applying Feehley to uphold marriage despite licensing irregularity)
- Browning v. Browning, 224 Md. 399 (1961) (failure to procure license does not render marriage void)
- Denison v. Denison, 35 Md. 361 (1872) (explaining common law recognition of ceremonial/religious marriages)