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?
1 Answer from Attorneys
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.