Legal Question in Family Law in Maryland

Partition sale of house

Here is brief story of life, I am married 15 years, my husband walked out of the house 2.5 years ago lives about 2 miles away from where I live. I have 2 kids they are 13 and 10 years old, who stays with me. I used to live in the jointly owned house till 3 weeks back, but moved out of the house because snake came inside the house an year ago and my husband said he will repair didnt do much, I did my best to repair the house, but still somethings were showing up like spotted snakes right in the front yard 3 to 4 days in a row in septemeber, me and my kids were very scared and moved to an apartment, and conveyed to my husband and friends about the moving.

he moved into the house and says doesn't want to pay anything to support us.

I went through lot of physical abuse in 13 years, lived under so many conditions because of the kids. he comes and sees outside. I am supporting the kids past 2. years.

for buying the house I paid from my own account about 35 to 30 thousand dollars.

we havent taken divorce.

without applying for divorce, how do i settle this house? what are my choices? do i get anything from that house since i put so much money on it.

Please do advice.

Thank you.


Asked on 10/09/07, 8:52 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Partition sale of house

First of all, you should immediately file a petition for custody and support for your children. He is obligated by law to support them under the MD child support guidelines. If you can't afford an attorney, contact the bar association in your county and inquire about your eligibility for a pro bono (free) or reduced fee programs through their lawyer referral service.

As far as the house goes, under MD law it is going to be considered marital property, even though you say you used your own funds to pay the mortgage. Unless those funds came from sources other than your income during the marriage, they are also considered marital. This doesn't mean that as part of a divorce proceeding, a judge would automatically split the house 50/50. But if your husband won't agree to sign off on selling the house and giving you the lion's share of the proceeds, this is really your only option.

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Answered on 10/09/07, 9:30 am


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