Legal Question in Real Estate Law in Maryland
What is the Maryland law regarding ownership of a property that deed is made out to husband and wife that was married at the time, then they divorce and woman continued to live on property and up keep that property for 17 yrs, Divorced Decree plainly stated that property is left to the one husband or wife surviving death. Should there be any problem to put this property in my name now. I am the woman involved. He never married again, nor did we have any Children of him and myself together. We both had 2 daughters of previous marriages. None of the Children lived with us during this marriage. After the divorced I continued to maintain and improve the property myself. I invested all my retirement funds and other funds received into this property.
2 Answers from Attorneys
Answer depends entirely on the language of the divorce decree. If you would like a Maryland attorney to review the divorce decree and discuss the situation with you, please feel free to contact me via email at [email protected].
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******
The title controls how property is transferred in Maryland. If your ex remains on the title, he remains a legal owner of record. If the parties agree in a divorce to let one spouse permanently keep the property, the other should sign a deed to give that effect. If a mortgage lien exists against the property, the mortgage company should be contacted before any transfer takes place.
A divorce in Maryland will deal with property / monetary rights and may grant one spouse a monetary award or "use & possession" of a home, but may not force a title change.
There is a way to legally force a sale of jointly owned property, however, I strongly encourage you to consult with a Maryland attorney to discuss possibly routes to transfer ownership to your sole name.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
