Legal Question in Real Estate Law in California

A mortgage is a commitment to make periodic payments on a lump sum of money borrowed. It has nothing to do with title. When a automobile dealer sells a car to a college student and gets the parents to co-sign for the loan to buy the car, the parents still have no ownership interest in the vehicle. So in that sense your husband is correct that he owns 25% as his private property and the two of you own the remaining 75% as community property.

However, if he is not careful in keeping the two portions apart, he may end up merging the two together so that it is entirely community property or you are entitled to half of any profit [or loss] after the date of purchase of the 75%. If property taxes, repairs, etc. are paid with community funds, it is possible that the private nature of the property may be transmutted into community property or at least any change in its value once that minglying of funds begins.

I think you both need to get some counseling as you clearly feel he cheated you and was not up front with you and he feels that he did not have to tell you what was the law and are trying to take something away from him that is his. You do not want to spoil your relationship over this.

Mr. Shers gave you a California law answer. I'm not sure why you posted this question under California, when your zip code is in Maryland. Since Maryland is not a community property state, his answer is not valid. You need to ask Maryland attorneys about this.