Legal Question in Family Law in Maryland

I have been with my husband for 6 years we have been married for 4 years. When first married we lived in his house. We worked together to get it ready to sell so we could buy a house. In the time I became pregnant and we decided together that I would resign and stay home to raise our daughter. After finally getting the house on the market which I paid for part of the rehab and he said to me of course your name will be on the next house your my wife. We sold that house and purchased our new home right after our son ( second child) was born. Right before we went to settlement I said to him do I need anything for settlement he said no I said I don't need documentation id or anything for signing the title...he said no I am not putting your name on it...you don't contribute...needless to say I was very hurt and angry I do contribute on many levels but I am a stay at home mom...what are my rights in Maryland. If something happens to him do I have rights to stay in our home with our kids?


Asked on 2/27/13, 4:21 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Even though your name is not on the deed you probably have a marital interest in the property. If there was a mortgage on the property you sold, the payments on it after you got married presumably came from his income which is considered marital property under MD law. The same would be true of any mortgage payments on the new home. The funds you contributed toward rehab of the old home also arguably enhanced its value and increased your marital interest. If there is a separation a court upon your request would probably allow you to have sole use and possession of the marital home if you are granted custody of the children. This could last for up to 3 years after a divorce. Finally, he cannot disinherit you as long as you are married so if he were to die you could claim 1/3 of his estate despite what he may have put in a Will.

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Answered on 2/27/13, 8:49 am


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