Legal Question in Family Law in Maryland

Re: what should I do?

You really need to speak with an attorney before you agree to anything. First, all property acquired during the marriage is marital property (including pensions, cars, etc.) unless acquired through a gift, inheritence, or if it directly traceable to a gift or inheritence. This means that there is probably much more at stake here than just the house or car.

As for the house, the best way to handle this is to enter into a separation agreement. Since he is the one that ended the marriage by way of an affair that will be a factor against him in court when dividing up the property. Just based on that the judge could give you more of a share of the marital property then he receives. So you can use that as a carrot to get him to enter into a separation agreement, giving you use and occupancy of the house for the next 5 years at which time you could buy him out (or whatever else you prefer to do).

There may also be an issue with regard to alimony. You may be entitled to alimony. The best thing for you to do is to contact an attorney to learn of your specific rights. Good luck to you.

Re: what should I do?

You mean your husband, after admitting he is responsible for the breakup, will not just give you the house? Are there any minor children? You could get an order for use and possession but it would be limited to 5 yrs or as soon as the children are adult. You could work it out to where you offer him a small buy out figure, but only if the house sells down the pike, so that you are not forced to buy him out or to sell right away. After the house is paid off or even now, you can easily get a small equity loan if he would only quit claim the house and you apply for the loan on your own credit. What about alimony? have you considered asking for it? Call for more information. Joe Trevino, 1800-924-6217

Re: what should I do?

You say that your husband has said you could keep everything except your new car. If "everything" includes the house, I suggest you get him to sign a separation agreement as soon as possible, before he changes his mind. If he is willing to transfer title to the house to you, that's probably worth a lot more than your interest in the car. I would advise you to talk to a lawyer about any other property issues before you agree to anything. For example, does your husband have a pension or other retirement plan? After 21 years any retirement plan he has is most likely worth quite a bit. In a division of marital property you should be entitled to half of that part of a retirement plan which is accumulated during your marriage (you wouldn't receive it until he retires, but at that time you would be entitled to a part of his monthly income from the plan). During the emotionally difficult time after the discovery that your marriage is ending and your husband is committing adultery, it is easy to overlook some pretty important property issues. A lawyer who is not personally involved and who is experienced in matters of divorace will be aware of these issues and help you get a fair settlement.