Legal Question in Real Estate Law in Maryland

Re: Deed in both names, but marriage cancelled

If the house has appreciated, then you are able to ask for your share of the appreciation. In the event that he does not want to "buy you out", you can seek judicial intervention through a sale in lieu of partition.

I would be happy to discuss this with you further, if interested please contact my office for a consultation.

Re: Deed in both names, but marriage cancelled

More important, probably, than your share of 3 months' appreciation (which may be nothing, particularly after the costs of sale are included), is to get your name off of the mortgage loan (or get his name off, if you get the property). Either agree to sell it, or he has to refinance. If he will not agree to either, then you can have the court force a sale.

Re: Deed in both names, but marriage cancelled

This situation is similar to a separation that I recently completed. Even though you did not marry, the issues are much the same. There are certain underlying complexities that may occur and you should have an experienced attorney assure that your interests are protected.

Essentially the property can be refinanced into one name. Clearly your getting off the mortgage is a benefit. Whether there are other benefits will require analysis as to factors where you may benefit.

Contact me immediately so that we can get this moving toward resolution. This may encumber your ability to obtain credit or increase the cost of credit you may obtain and therefore you should want this resolved in an expedient manner.

Joe Holthaus

(410) 750-2567

Re: Deed in both names, but marriage cancelled

I agree that the more important issue is ensuring that you are not beholden to your ex-fiance's ability or willingness to pay the mortgage on time. If you are both still living in the house (I don't know why the wedding was called off), you will have a better idea of whether the mortgage is being paid. If one of you has moved out, the title and the mortgage should be transferred into the name of the individual who is paying the mortgage. It is, however, possible that you will not be able to refinance with the same terms if the mortgage will now be based on only one income rather than two. If you are still on good terms, you will want to work something out that is acceptable to both of you. Be sure that the arrangements are written and signed by both parties (I would have an attorney look at it before signing it if I were you).

Feel free to call if you have any additional questions.

Good luck.