Legal Question in Family Law in Maryland

Re: divorce settlements

If you had put your 10 year old agreement in writing, you could have resolved all of these issues. But if the agreement was essentially that he would buy you out for $85k, then all you're entitled to now is the balance. As to your home, in the eyes of the law it's marital property, since you were still legally married when you bought it. However, relying on your understanding at the time, you would take the position that it was understood that you were going to use the $60k as a downpayment on your own home and that he would waive any interest in it.

Re: divorce settlements

You do not mention the age of your children. You may be entitled to take action for their support.

Marital assets have not been separated between you and your spouse. Without a written agreement the court will need to interprete what your agreement is.

Speak with an attorney.

Re: divorce settlements

I am assuming, since you mention the possibility that your husband might sell the house without you participation, that ten years ago you conveyed your ownership interest to him. Since you are still married, the property is still "marital property," and if you divorce both that property and your new home, to the extent of your equity in it, could be subject to a "monetary award" by the court to one of you. The judge would have to consider a variety of evidence relating to your marriage, your ages, health, other financial considerations including other assets which might be marital property, and makea a decision based on equity (what the judge thinks is fair), and require one of you to pay the other a sum of money to achieve equity (that will not necessarily mean an equal division of assets). It obviously would be simpler and beneficial to both you and your husband if you could reach an agreement outside of the court, but in a thorough and carefully drafted document, to do what seems fair and reasonable or at least acceptable) to both of you.