Legal Question in Family Law in Maryland
I just bought a house couple weeks a ago. Money that I used to purchase this house was given to me from my parents. Everything was paid in cash. We are soon having closing done and I wanted this house to be only with my name on it and my son. My husband got really mad when I told him that and he told me that he wants his name on this house as well.
We are having some marital problems and one year ago we almost split. I am afraid that If I am going to put his name on this house and later in a future we would split he would want to claim half of this house for him. How can I protect myself for this not to happen and still have his name on a title
1 Answer from Attorneys
If you put his name on the title it will make it much more difficult for you to control the property if there is a marital breakup. For example, if you wanted to sell the property or refinance it, you would need his cooperation if his name is on the deed. Legally, if you are buying this house all case (no loan) and the money came from your parents, it would never become marital property under MD law. But if you put his name on the deed he might claim you intended it to be marital and then have a claim for its equity as part of a divorce process.
The one option you have is for him to be willing to enter into a written agreement that in the event of a marital separation the house is yours and that even if you agree to put his name on the title, you both acknowledge that it is not marital property. I suspect he won't agree to do this, but if he did, consult an experienced family attorney to help you draft such an agreement.
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