Legal Question in Civil Litigation in Maryland

In 2007 my wife and I added her son to the deed on our home. This was done as an ill informed way of estate planning. Since then we have paid the home off and have no balance. The son (25 years old) is now a drug addict and we have a protective order against him. As he assaulted her and has threatened to kill both of us. He does not and has not lived in the home for many years. He never applied any money towards the home.

How can we legally have him removed from the deed?

Will the court force us to sell?

Is he responsible for any part of the $200,000 we spent on the property after his name was added?


Asked on 12/02/12, 5:02 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

I am sorry to hear of your unfortunate situation.

First, I would check the deed to ascertain whether or not this was a life estate deed (generally the best way to add an adult child to the deed since the child can be legally removed if the correct language is included). If this was not a life estate deed, there is no easy way to "remove" another person from the deed without their permission or court order for sale/partition. Joint owners can force a sale but unfortunately this usually involves dividing up the proceeds. In such a situation then yes, owners who put in more than their "fair share" can demand an accounting, though it is up to the court to decide how to allocate proceeds.

I encourage you to seek legal counsel. While I hope the general information above helps, please understand that this post doesn't offer legal advice or create any attorney/client relationship.

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Answered on 12/03/12, 6:53 am


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