Legal Question in Family Law in Maryland

He wants my money!

I bought a townhouse in 1999. My husband and I were living together at the time. He did not contribute to the down payment or closing cost. We lived in the house for 1 year before we got married. We've been married for 3 1/2 years and I want a divorce. I want to sell the house to pay for my divorce and to start anew with my children (we have no children together). We are still living in the same house. Can he stop me from selling the house?


Asked on 8/18/03, 7:40 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: He wants my money!

I'm assuming from your question that you never put your husband's name on the deed after you got married. If so, he can't stop you from selling the house. However, he does have a marital property interest in the house, even if you made all the mortgage payments, because you most likely used marital funds to do so. His interest would be less than yours, since you put up the down payment and the first year's mortgage payments with premarital funds, but he still has some interest that can be determined from a formula. The tougher part may be getting him to leave voluntarily, so that you will have the grounds for divorce. If you would like further information, you can contact me.

Robert Sher

301 986-4555

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Answered on 8/18/03, 10:01 am


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