Legal Question in Family Law in Maryland

Re: divorce

You do have a marital interest in this property because it was purchased with funds that under the law are considered to be marital property. However, since you've been separated such a long time, your husband will contend that you're not entitled to any part of the property's equity that grew since your separation, since he made all the mortgage payments and may have improved the property during that time as well. He will also contend that you didn't contribute to the support of the children since the separation, and therefore shouldn't be entitled to share in the equity for that reason.

Since you took your name off the deed, he could sell the house without your approval and prevent you from seeking a share of the equity, especially if he dissipates the sales proceeds. If you bring a divorce action and seek a share of the house as part of a marital property division, he could be prevented from doing that while the case is in court, and you might be able to negotiate a settlement. If you want to pursue this, I strongly suggest you consult with a family law attorney.

Re: divorce

Your case is complex. As your husband raised the children, he could bring a counter claim for support or contribution toward their welfare while he raised them (albeit that you could claim that he alienated them from you). I know little of your ability to earn a living and whether a counter claim of voluntary impoverishment lies.

The property may be traced to the funds you contributed toward its purchase; however, he may counter claim with the equity that he provided toward the property's value (via his mortgage payments, maintenance, or improvement).

Where excessive manipulation could be shown so as to remove you from your lawful claim to the property you may prevail but you have waited a long time to take action. Legal doctrine could preclude your recovery due to the delay in taking action.

You should not be precluded from seeking reconciliation with your children.

Joe Holthaus