Legal Question in Real Estate Law in Maryland

Real Property

My ex-wife & I own a townhome together. I have solely paid the mortgage for the last 9 years - approx. $1,600 a month - while she and our 2 children live in the townhouse and I live elsewhere. I have also paid $900/mo. alimony & pay $800/mo. child support. She is getting ready to get married and we are going to sell the townhouse. My question is: Since I have solely paid the mortage for the last nine years, is she still entitled to half the profit?


Asked on 5/27/09, 8:53 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Real Property

You should be entitled to a credit for the mortgage payments you made after separation, unless there was an understanding between you and her to the contrary. So you would get back the amount you paid in before the remaining profits are split. This is what is called a Crawford credit, named after the court case in which the appeals court set forth this doctrine. Of course, it would have been advisable to negotiate an agreement regarding the various payments you were going to make at the time of separation.

Read more
Answered on 5/28/09, 5:41 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Maryland