Legal Question in Real Estate Law in Maryland

I own a house with my husband and his father,my name is just on the deed. I am leaving my husband, they are trying to get me to sign the house over to his father or have my name put on the mortgage. I was just informed they have someone coming to the house to sign settlement papers on refinancing. I'm not signing any papers i want him to eventually buy me out. My question is.. is there anyway they can legally make me sign papers or take the house from me? What can I do?


Asked on 3/26/12, 3:30 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

They can't force you to sign anything. In a divorce proceeding, that portion of the property owned by you and your husband will be distributed between you as marital property unless you can reach an agreement that takes care of this. They will be unable to refinance unless you agree to sign the new mortgage, although you wouldn't be required to sign the promissory note if you weren't on the refinancing application. If they really want to refinance now would be a good time to try and get them to agree to a plan to buy out your interest, even if over time. But it MUST be in writing, so if you want to pursue this you should retain an experienced family law/real estate attorney to assist you.

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Answered on 3/27/12, 6:46 am


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