Legal Question in Real Estate Law in Maryland

Own house but not land - need help

My stepdaughter got married in Dec. 2003, my husband and I gave her our double-wide trailer. The groom's grandparents gave them a piece of land in which to pour a foundation and move double wide to it. The move was completed but the title of the trailer never passed to the bride and groom, nor did the deed to the land. The marriage is breaking up and my stepdaughter is moving out and wants to give her husband this $65,000 trailer. Legally we still own the trailer and we have the title. Do we have a legal rights to the home even though it's not on our land? If so, what's the best course of action. Please advise.

thanks


Asked on 2/19/04, 9:44 am

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Own house but not land - need help

Your question resolves around the "gift". Was the gift to the married couple? Time facts come into play. However, the trailer was moved to the lot, but at what time during the presummed marriage? Depending on occupancy and other factors, you may be able to bring an action for repossession.

On another basis, the trailer and its value is recoverable, in part, through the divorce. Maryland is not likely to annul the marriage based on the facts.

Contact an attorney.

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Answered on 2/21/04, 10:15 pm
Robert Sher Wagshal and Sher

Re: Own house but not land - need help

The fact that you never signed the title doesn't overcome the presumption that you gave your stepdaughter the trailer. It was moved onto the lot in contemplation of them assuming ownership. You're not entitled to recover it any more than if you were trying to get back a piece of furniture or a toaster oven as a wedding gift because the marriage is dissolving.

I don't know if your stepdaughter is receiving compensation for giving up her interest in the trailer, but if not she's being extremely generous given the length of the marriage.

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Answered on 2/19/04, 4:26 pm


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