Legal Question in Real Estate Law in Maryland
Property
I am going thru a divorce and the proceedings to begin in august in maryland. My question is i am living in my house which is deeded in my name and so is the mortgage. I have an offer to sell. Can i just sell it and put the money in an account and frozen until the divorce is final? Or do i have to tell her that i'm selling the house can she put a stop to it.
2 Answers from Attorneys
Re: Property
Although not always, a house is usually a marital asset. Since you hold the deed you do not need her signature to sell it; however, there are several aspects to this transaction that need to be considered to avoid her bringing claim for equitable relief. Kindly contact me so that we may discuss your circumstance and course of action.
Re: Property
You can sell the house without your wife's permission. However, she has a marital interest in the house, and therefore in the proceeds of sale. So it would be a good idea to preserve the proceeds in the event you have to pay her some money at the time of divorce.
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