Legal Question in Family Law in Maryland
family owned property
my home is in both my and my husbands name- but was my family's ho,e since 19478- i gre up here- then i added my husbands name after it was in my name & dads for 2 years, he has abandoned the home, comitted adultery, and has not abided by any of the terms of the separation. can i take him to small claims court to recoop some of the money owed (approx 10k)
2 Answers from Attorneys
Re: family owned property
Your remedy is to file for divorce and ask the court to determine your respective interests in the home. The court would have the power to order the re-transfer of his interest back to you if appropriate. The court can also make a monetary award to equalize marital assets or the payment of joint debts by one party.
Re: family owned property
Of course you can sue your husband, but the jurisdiction of small claims court in MD may not go as high as 10k. That will not solve the problem of the home being in your name. Under the circumstances you should probably file for divorce and try to get the court to order that your husband's name be removed from the title. But, get a lawyer.
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