Legal Question in Family Law in Maryland

Re: property issues in divorce

Yes. However, depending upon how long you have been married and when the house was purchased, you may be entitled to a portion of the equity regardless of how the property is titled.

Re: property issues in divorce

Yes, your ex may refinance without your knowledge or consent. If you feel that this may have a negative impact on the equity in the home, especially if the home was purchased during the marriage, you may want to ask the court to stay any attempts by your spouse to refinance. On the other hand, refinancing may the only way, short of sale, to get equity out of the home in order to pay out a settlement.

Re: property issues in divorce

Although you may have a marital property interest in the home entitling you to some money in your divorce, since your name is on neither the deed of the home nor its mortgage, your spouse can refinance the home without your consent.