Legal Question in Real Estate Law in Maryland

Me and my Ex owned a home together. Both names on the deed,but only my name on the loan. She lived in the house 8 months and did not pay the mortgage. By the time I found out and got the house back,it was 15k in default. At the divorce court date I asked the judge to take her off the Deed. The judge said he did NOT believe I would get it out of foreclosure and said he refused to make a judgment on the home and kept us Tenants in Common. I did get the home out of foreclosure. I have also done about 15k in repairs that SHE did to the home(She flooded it and left it a mess) The house worth 160k and 185k is owed on it. What are my options. I just want her off the Deed and she just wants to force me to sell even though she knows the home is upside down.....?


Asked on 2/24/14, 4:55 pm

1 Answer from Attorneys
Thomas Valkenet Young & Valkenet

A duplicate of your question on AVVO? You cannot force a co-owner off a deed without filing a partition action. There are other problems with a home held by two ex-spouses after divorce. They lose the protection of the tenancy by the entirety. That means you may own the home as tenants in common, now, and both of your interests are exposed to liens created by personal debts. You should review this with your divorce lawyer or a property lawyer of your choice.

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Answered on 2/24/14, 6:46 pm


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