Legal Question in Real Estate Law in Maryland
non-married couple seperating - real estate
My brother and his girlfriend have been broken up. They both are on the mortage title and the house is currently on the market. He has paid the mortage payments and she has paid other bills which was there aggrement. However she now will not leave the house until it sells and she wants half the profit. Question is if he wants to keep the house does he have to ''pay her out''? If and when the house sells, by law does she have to receive 1/2. How does this work? What can he do to get her out of the house now and not wait until it sells?
2 Answers from Attorneys
Re: non-married couple seperating - real estate
Your brother's ex, as a co-owner of the property, has the same rights of occupancy as your brother. If they had an agreement whereby he paid the mortgage and she paid other expenses, then it would be implied that they were sharing any profits equally, unless something is documented to the contrary. The only way around this would be to have the settlement funds from a settlement held in escrow while they go to court and ask a judge to decide how the proceeds would be split up. I suspect the amount involved would not justify such an action.
Re: non-married couple seperating - real estate
You asked about splitting the proceeds of a home.
As she's on the title then she would be entitled to half the profit upon sale of the home. The only exception would be if they had a written agreement otherwise.
As to splitting half the profits, good luck. In this market many homes are selling for even less than is owed on the property.
Regards,
Roger
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