Legal Question in Family Law in Maryland

Living Together

My girlfriend and I have been living together for about 5-6 years. We bought a house ,in both names , 2 years ago. Things between us are going bad and I am wondering what my legal rights are. The main problem is that her family gave her about $40,000 for us to put as a downpayment on the house. If the house is sold do we split to profits equally or do I owe for that portion. Additionaly, the stuff we have, furniture, Etc., her family had also given money to her (us),for . Not all but a lot.

There was no cheating by either of us we just don't see eye to eye anymore. I know it's going to get ugly soon with splitting up our stuff, any advise would be a great help. Please write back soon because things are starting to move fast.

Thank You Very Much

-Michael


Asked on 5/20/04, 9:26 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Living Together

You wouldn't be asking these questions if you had made an agreement before you entered into the house purchase which spelled out what would happen if you ended the relationship or if one party wanted out of the transaction. But, like most people, you didn't want to think about those things.

So now you're faced with either trying to work out something with her, if with a lawsuit known as a partition action. What was the understanding with your girlfriend's family when they put up the $40k down payment? Was it a gift or a loan? If a loan, there is an obligation of repayment. If a gift, there is not, although since, as you say, it was a gift to her, not you, she then legally owns a greater share of the house than you.

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Answered on 5/21/04, 9:33 am


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