Legal Question in Family Law in Maryland

Re: divorce

If you have custody of the child, you may be awarded use and possession of the family home for up to 3 years. Ultimately, the equity in the home will be divided in some fashion.

Pension benefits that have accrued during the marriage are marital property subject to equitable division.

Re: divorce

Your husband cannot "make you" sell the house but the court might order it sold at some point if the matter is not otherwise settled. The first determination will be custody of the child; the parent getting primary residential custody normally can get up to 3 years use and possession of the marital residence (but the other parent is not required to pay the mortgage normally unless the incomes are very different - in which case alimony would likely be awarded instead). After the "U&P" period is expired, the resident spouse in most instances would either buy out (through refinancing) the other spouse's interest in the marital residence, or it would be sold and there would be an equitable distribution of the net equity. There are other marital assets - such as pensions, investment accounts, cars and furniture -- that also get divided equitably. The share of his pension (and his share of yours, if any) is based upon the length of the marriage. If you want more assistance, contact us. www.marylandfamilylawyers.com