Legal Question in Family Law in Maryland

selling a home that doesn't have both names on the deed

When My wife and I got married we moved into her townhouse, which we lived in together for 3 years but only here name was on the deed, we sold it bought a piece of property with money from the townhouse, We put both names on the deed for that property. We sold that property and bought our current house which has both our names on the deed. She says she is entitled to the profit from the first house and want that right of the top when get divorced. Is she entitled to that since this house is both names and I remodeled and help pay mortgage for the first house?


Asked on 8/07/06, 11:40 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: selling a home that doesn't have both names on the deed

Your wife is entitled to all of the profit on the first house only if all of the mortgage payments that were made after you got married came from funds she brought into the marriage, as opposed to from her earnings or from joint funds. Otherwise, you are entitled to a share of the profits, because the equity in the house increased during the marriage based on the expenditure of marital funds. To determine the portion of the profits which applies to the time before you got married, and the portion that applies to the marriage, you have to plug in some numbers. Then you'd have to trace those funds through the second and third houses to actually determine your relative shares of the present house. I urge you to consult an experienced family attorney to help you with this.

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Answered on 8/07/06, 1:56 pm


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