Legal Question in Family Law in Maryland

Do I have any rights to the house?

My husband bought a house when we first met. We lived together in the house for eight years before we were married a year ago. My husband needed to get a 2nd mortgage on the house but needed my help so my name is on the 2nd mortgage but not on the deed. We have a son together that is eight months old. My question is do I have any rights to the property even though my name is not on the deed?


Asked on 11/30/99, 1:38 pm

1 Answer from Attorneys

Lowell Wilson Law Office of Lowell G. Wilson

Re: Do I have any rights to the house?

The answer to your question is not as simple as it

might seem that it should be. In the strictest

technical sense, the answer is "no," you do not

have rights. In other words, assuming that you and

your husband paid off the mortgages and cleared any

other liens that might exist on the place, he could

go out one night and legally transfer ownership

without your permission.

However, if he were to die before you, without a will,

then the house would be yours. If he had a will that

transferred that and all other property to people

other than you, you would be able to challenge that

will (at least to a degree).

Finally, if you are contemplating divorce, the name

on the deed really doesn't matter all that much. To

the extent that equity has been aquired during the

course of the marriage, you are entitled to a share

of that equity, irrespective of the name on the deed.

And there are other scenarios, but those are the ones

I figured you were most likely to have an interest

in.

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Answered on 12/02/99, 10:14 am


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