Legal Question in Real Estate Law in Maryland
property issue
My husband left the marriage after about 1 year in our new home. We had one of those exotic arm mortages. Because we only paid the lowest amount, the principal kept rising. I refinanced and kept the house. He feels that he is entitled to half the equity in the house. The principal went up by $20,000. Isn't he entitled to half this expense too. Because the principal went up, I had to get a larger mortgage, I debt is a debt. I think he owes me for half of the raised principal. If we sold the amount would still play into the settlement.
2 Answers from Attorneys
Re: property issue
If his name was on the deed, when you refinanced he would have been required to sign the refinance mortgage (deed of trust). You ought to try and negotiate a settlement to buy him out so that as the property appreciates, it will inure to your benefit.
Re: property issue
An attorney should review the marital estate to determine allocation of property. I am available to discuss.