Legal Question in Family Law in Maryland
Marital/non-marital property rights
My husband acquired his home prior to our marriage. We have now been married two years, and are unfortunately having marital problems. My husband has been promising me for more than two years to put my name on the deed, but each time finds a reason not too. We are now having problems and I am scared he will put me out on the street. What rights do I have. He is the one who is talking about possibley wanting out. I want the marriage to work, and we are suppose to begin counseling soon. I have a daughter who is 9, from a previous marriage. In December of 2002 he refinanced the house, of which my name was suppose to be on the house deed, but they messed up and forgot. I moved to the Eastern Shore, quit a job of 10 years, lost custody of my precious daughter. I have joint custody, but she lives w/ her father during the school year. I took a new job for more than 10,000 less a year and moved to a very rural area, much different from the lifestyle/culture I have been used to. What rights if any do I have?
2 Answers from Attorneys
Re: Marital/non-marital property rights
If your husband has been paying off a mortgage on the home since you've been married, you have a marital interest in the property, albeit probably a small one. This is because the money he's using to pay the mortgage presumably comes from earnings, which are marital property by law. Since marital property is being used to pay off the mortgage and thereby increase the property's equity, you are entitled to a share of that increased equity that was realized since the marriage began.
On the other hand, as the sole owner of record, if he throws you out there's not much you can do about it. I'm assuming the two of you have no children together since you didn't mention any. It's a shame your name wasn't added to the deed when he refinanced, although that wasn't necessary unless you were co-signing the loan. Hopefully the counseling will work and things will get better between you.
Re: Marital/non-marital property rights
Since only your husband's name is on the deed, he can have you removed from the house. Even though the house is titled to him, however, you do have a marital property interest in the property. Marital property is any property (or equity in property) acquired during the marriage, even after a separation, by either party, except through gift or inheritance from a third party. Any equity in your husband's house resulting from mortgage or home equity loan payments during your marriage, or from improvements to the property during your marriage, is marital property, and the court can award a monetary award to a party who is not the owner of the property based on that marital property interest. I hope the counseling is successful, but if it isn't you should find a good family law lawyer to represent your interests to see that you get what you are entitled to.
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