Legal Question in Family Law in Maryland

Re: Divorce

You need to retain an attorney immediately to help you with your dilemma.

You do not indicate why you want a divorce, therefore it is unclear whether you have grounds to file for an absolute divorce. You may be able to file for a limited divorce.

Concerning the house and refinance, if you are solely obligated on the loan, then as between you and the lender, you remain liable until the loan is paid off. You may or may not have a claim for contribution by your husband, depending on the circumstances. You indicate your husband's name is on the Deed of Trust; I will also assume your name is on the Deed of Trust, although you do not say. I will assume both you and your husband are on the title to the property.

In a Maryland divorce, the court will divide the assets of the party in an equitable fashion, which means that the court will not simply rely on whose name happens to be on the title.

Since you refer to the house as "his" house, I will assume that he initially bought it and that it was only after the marriage that you had your name put on the title. If that is the case, given the short duration of the marriage, the court might decide that he is entitled to retain most or all of the value of the house; however, the court might decide that you should not have to pay the mortgage loan if your husband is going to retain all the benefit of the house, and therefore, the house must be sold and the proceeds divided, or your husband must refinance in his name alone to get your current loan paid off.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Divorce or Annulment

An annulment declares the marriage to be invalid.

A marriage is void if: either party was legally married to someone else;

the parties are related by birth or marriage within impermissible degrees; or, either party was legally insane or otherwise mentally incompetent.

A void marriage is always invalid and can be contested by a third person.

A marriage is voidable if: either party was under the age of 18, except over 16 years of age with parental consent; or

the underage party had parental consent and a physician�s certification of pregnancy; either party was physically incapable of intercourse;

consent was procured by fraud, duress or force; either party lacked understanding to consent; or, the marriage ceremony was performed by someone without legal authority to perform it.

A voidable marriage is valid until a court declares it to be invalid, and only the victimized party may challenge the

validity of the marriage.

For grounds for divorce, see my many other responses. A divorce can be granted as either limited or absolute.

Property rights are protected both through annulment or divorce.

You can enter a separation agreement and/or property distribution agreement. Or, you can seek to have partition

of the property (i.e., it would be sold per a judge's order and proceeds would be divided).

You should contact an attorney for assistance and advice. This is general information about that law and does not

constitute legal advice. My services are available, contact me at (410) 799-9002 or by return e-mail.