Legal Question in Family Law in Maryland

Property division

If a man and a woman purchase a home together, but are NOT married, is she still intitled to 1/2 the equity should they break up? Keeping in mind the man paid for everything. The down payment, home owners insurance, mortgage payments, etc.


Asked on 9/08/08, 2:24 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Property division

Probably not. In these situation, it's best to make an agreement at the beginning of the relationship which spells out what happens in the event of a breakup. If after the breakup you can't reach an agreement as to the division of equity, or as to a buyout price if you want to buy her out, one of you will have to file a court action known as a partition suit, and ask the court to determine the respective shares of the parties in the property based upon their investment and contribution to it. The court would appoint a trustee to sell the property and divide up the proceeds per the ruling. All very expensive for you.

If your relationship is still good as of now, you would be well advised to try and work something out now--it's a lot easier then when there is animosity between you.

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Answered on 9/08/08, 3:54 pm


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