Legal Question in Family Law in Maryland
I am getting a divorce and would like to know what kind of monetary award can I expect to receive ? WE don't own our home and my spouse is getting it refinanced.She is having me taken off of the title and said if I don't sign she will take me to court.Can a judge make me or order me to sign it.
1 Answer from Attorneys
Each divorce is unique, and there are a number of elements that a judge will consider in determining how to divide marital assets. With respect to your home, which you apparently DO own with a mortgage (or there would be no issue of refinancing), if there is any equity in the property, you might be entitled to a share of that. Equity is the difference between the home's market value and the current balance of the mortgage. If the home was owned by either one of you before you were married, only the equity that accumulated during the marriage would be considered by the judge. If there is no equity because it hasn't appreciated much since you bought it and you didn't have a significant down payment, you might be better off transferring title to her, because her refinancing will free up your credit for any future borrowing you might want to do.
You should look into getting a consultation with an experienced family attorney. Your county bar association may sponsor legal clinics or a lawyer referral program that would allow you to have a consultation at little or no cost. That way you can present your unique circumstances and let the lawyer explain how the law applies to you, and what you can expect if you leave it up to a judge to decide your fate, or if instead you're better off trying to work out a fair agreement with your wife that sets the terms for the divorce.