Legal Question in Family Law in Maryland
If I file for divorce and I pay all the bills but my husbands name is on the house will I be able to keep the house and he move out without having to buy him out?
2 Answers from Attorneys
In divorces, courts generally seek to achieve an equitable distribution of the couple's marital property. Whether you would be able to keep the house will depend on many factors, including when and how you bought the house, how much the house is worth, how big the mortgage is, whether you and your husband have other assets, etc. The fact that you pay all the bills may be a factor that is considered, but it will not be enough on its own to get you the house. It would be a good idea to consult a lawyer about all these issue before filing for divorce.
Did he have the house before you were married? If so, you wouldn't get the house, but you may get some type of value for the increase in equity. Do you have children? Sometime, it can be worked out where the custodial parent can remain in the house until the children reach majority. Maryland is an equitable distribution state. Therefore, a number of factors will determine how the assets are divided. As such, a title spouse may not keep the asset that is in his/her name.
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