Legal Question in Real Estate Law in Maryland
My partner and I are breaking up. We have owned a house together for 3 years. Her name is on the mortgage and my name is on the deed. She has asked that I move out and remove my name from the deed and has promised once the house is sold I will get my share of the proceeds or If I keep my name on the deed and move out as she requested she has asked for me to continue to pay the mortgage.
Want to be amicable, however, I also want to make decisions that are in my best interest.
Looking for fair and reasonable solutions.
1 Answer from Attorneys
If you comply with your partner's request, you will lose all control over the property, and she will be able to sell or refinance it without your approval. You could enter into a written agreement with her over a future division of the proceeds, but to enforce that if she breaches the agreement, you would have to go to court. The other way you could protect your interest is if she gave you a second mortgage, but the risk with that is that if she defaults on the first mortgage, your interest could be lost if there is a foreclosure.
As for her request that, alternatively, you continue to pay the mortgage, that is also somewhat unreasonable, because she would have the benefit of occupying the premises while you have to pay for your own housing elsewhere.
A fair resolution would either be for her to buy you out now, if she is able to do that, or for you to reach an agreement as to the current value of your equity, which amount she would pay you at a future date, either when the house is sold or by a deadline (e.g., 3 yrs). That way she gets the benefit of the equity increase going forward, and you don't have to contribute to the upkeep of the property any longer. You could determine the current value by a property appraisal compared to the mortgage balance. I've drawn up a number of such agreements in similar circumstances.