Legal Question in Family Law in Maryland
Marital Property and Loan Agreement
I have been married less than 3 years. My husband recently moved out of the house and signed a 1 year lease in the neighboring county (same State 1 hour away). Is this constructive desertion? I did not agree and the moved took place 2 weeks from the day he announced he's leaving me. We also have a 2 year old daughter.
Secondly, I bought my house while we were dating. I paid the all the fees and costs with the purchase. We have shared the cost of the mortgage since the first month payment. Is he entitled to half my home?
Thirdly, if we agree on joint custody with 50/50 time spent at both parents, does he have to pay child support? I make $6000 less per year and have more debt than him as well as pay health insurance for our child.
Also, I took a home equity loan to pay off his bad debt. We both signed a fax memo prepared by him stating he will pay this loan until the house is sold or the debt is paid in full. Can this be used to force him to pay the loan?
2 Answers from Attorneys
Re: Marital Property and Loan Agreement
1. No, what your husband did by leaving the family home is "actual desertion", period. "Constructive desertion" is the term used when one spouse is forced to leave the home due to the other spouse's intolerable conduct.
2. Your husband may or may not be entitled to a share of the equity in the home.
3. Your husband will be ordered to pay child support according to the Maryland child support guidelines.
4. The fax memo may be considered a legally enforceable agreement by the judge. It may be considered a legally valid contract.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
(*Licensed in New Jersey, Maryland, and Dist. of Columbia)
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
Re: Marital Property and Loan Agreement
Your husband's departure, if without your consent, is desertion under MD divorce law. If the desertion continues for 1 year, it will give you grounds for divorce.
Your husband has a marital property interest in your house because marital funds were used for mortgage payments, but your interest is greater because you've contributed more. Part of the property is considered nonmarital, part marital.
If your husband makes more than you, he will probably owe you child support even if the child spends equal amounts of time with each parent.
As to the home equity loan, his agreement to make the payments is enforceable against him, but if he defaults, it's your property that's subject to foreclosure by the home equity lender, and your credit that will be adversely affected. The lender is not bound by agreements between the two of you as to who's going to be responsible.
Obviously, you have a lot of important issues to be resolved that have serious and long term implications. You would be well advised to seek legal assistance to protect your rights.
Robert Sher
301 986-4555
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