Legal Question in Family Law in Maryland

divorce/legal separation

me and my husband is going through a divorce. can i still get half of the house if my name is not on the loan or deed?


Asked on 7/05/07, 2:03 pm

2 Answers from Attorneys

Alton Drew Alton Drew, LLC

Re: divorce/legal separation

You may make a claim for a portion of the equity in the home. It may be half. It may be less. As long as the house was acquired during the marriage and was not a gift to your husband or owned by your husband prior to the marriage.

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Answered on 7/05/07, 2:35 pm
Robert Sher Wagshal and Sher

Re: divorce/legal separation

If the house was acquired by purchase during the marriage, it is marital property and subject to being divided up as part of the divorce. If your husband owned it before you got married, but continued to pay down the mortgage during the marriage, you acquired an equity interest in the property. The exact amount of the that equity interest depends on how much the equity grew during the marriage. "Equity" refers to the difference between how much the house would sell for and how much is owed on the mortgage.

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Answered on 7/05/07, 3:13 pm


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