Legal Question in Family Law in Maryland

Re: home equity

Yes, the home can be refinanced during the divorce. Especially if you are not on the deed. You would be able to request a marital award based on the equity at the time of the refiance (if the money was not used in the furtherance of the marriage) or based on the value of the items that he purchased and still has (cars, etc).

In the event that you do not have an attorney, it is strongly suggested that you contact one to assist you in the pending divorce.

Re: home equity

All property acquired during the marriage, except by gift or inheritance directed to one spouse, is marital and subject to equitable distribution upon divorce. That means that, to the whatever value was added to the house during your marriage is partly yours, even if he made the mortgage payments from his earnings. To the extent that the equity he took out already was for personal benefit as opposed to for the family's benefit, you should insist that he pay you back half of that equity, which can be accomplished by asking for a monetary award in the divorce. As for the refinancing, as the other posts have already stated, since he's the only name on the deed, he can legally do this, but if you are concerned about him dissipating more equity by another refinance, you could seek an injunction in the divorce proceeding to prevent this.

Re: home equity

There is nothing stopping him from refinancing if you are not a titled owner. You can make a claim to your share of the marital portion of the equity by requesting it in your complaint or answer in the divorce case.

Re: home equity

Your husband does not need your consent to refinance. You may make a claim on the equity and the vehicles by arguing that they are marital property accumulated during the marriage.