Legal Question in Real Estate Law in Maryland

My question: My ex-domestic partner and I bought a house together however she would like to do a quit claim and grant all rights to me. The state is saying she has to pay property taxes up front even though I pay the property taxes as part of the mortgage. The mortgage company has asked her to get the quit claim as we are having her name removed from the mortgage as well in doing a refinance. Does she have to pay these taxes and why? Is there another option????


Asked on 3/24/11, 8:14 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

If you are escrowing for property taxes as part of your mortgage, then your mortgage company should have already paid the taxes that were last due in December. You may be confused with transfer/recordation taxes which must be paid upon a transfer of title. There are exemptions for domestic partners but you have to submit affidavits demonstrating that you qualify for the exemption. If you are having a real estate attorney draw up the quitclaim deed, he/she should be familiar with this and assist you.

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Answered on 3/28/11, 9:11 am


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