Legal Question in Real Estate Law in Maryland

property rights

My husband and I have been estranged for over a year. He and his girlfreind broke up and he returned back to the house Initally he purchase the house with his money, however when he became strapped for cash He refinanced the house in my name because of his bad credit. The new loan is in my name only and the deed has both our names on it. He is harassing and verbally abusing me since he returned.

He is telling me to get out! He wants to bring his new girlfriend into the house. I don't know if he can force me out of the house. He keeps saying it is his house. I donot know if I have any rights to stay in the house since he initially purchased it in his name. I donot know what my rights are. The mortgage papers say we are ''tenants in entirety'' Do I have any ownership in the property? Can he force me to leave? What Can I do about his abuse and harrassment He is making my life miserable. I am much older than he is and sometimes I feel like I am going to have a heart attack from the having a donot know what to do.


Asked on 8/23/04, 3:03 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: property rights

You have a serious situation and need immediate legal assistance. If you cannot afford an attorney, you should contact the pro bono program of the bar association in the county where you live (Prince Georges?).

If your husband is threatening you, you could go to court and file a domestic violence petition which, if granted, would result in him being ordered out of the house for a period up to a year. Since you are the person named in the mortgage, albeit not on the deed, you have a financial interest in the property, and in a divorce proceeding, would be entitled to a share of its value in a property settlement.

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Answered on 8/23/04, 3:51 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: property rights

You need to takr action immediately address the abuse.

Domestic abuse often results in domestic violence and severe injury

or worse may be a result. Do not hesitate to contact the police should

you have any indication that matters may get out of hand. Take action and do not allow the matter to escalate.

You would have an interest in any property, interest in property, or otherwise that is acquired during marriage with

marital funds or through marital debt. You should contact an attorney for assistance with identifying

your interest in the property as well as other items (personal property, automobiles, retirement, etc.).

After that an analysis of your situation should be performed and a strategy developed to pursue separation and divorce.

Divorce happens but this is no excuse for intolerable and abusive behavior. His behavior may have criminal ramifications.

I hope this helps. Protect yourself and your position; do not let this man bully you into compromising your legal rights.

I can be reached at (410) 799-9002 or by return e-mail.

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Answered on 8/23/04, 4:37 pm


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