Legal Question in Real Estate Law in Maryland
selling our property
I had bought a house along with my husband as coowner 11 yrs ago, we have been having differances, for about 7 yrs and have been living apart for those years. My husband has not been working for almost 5 yrs. I have been paying the morgage and the bills, by working extra time. Recently, my husband has been talking with his brother about selling the house since he wants to go back to his country.. he wants half the share after the house is sold. I am not agreeing to sell the house, because my children are in school, and they have lived here always. My brother-in-law supposedly wants my husband to make him POA, so he can help him sell the house. My question is whether, the house can be sold , even though , I dont want to sell it and whether my brother-in-law has any right to instigate, my husband to sell the house.. please help me with your answers. I thank you very much.
3 Answers from Attorneys
Re: selling our property
Your brother-in-law has no legal interest in the house. It cannot be sold without your permission.
Re: selling our property
Assuming at least one of your children is under 18, you could file for divorce and ask the court for a use and possession order. This would give you exclusive control over the property until the divorce is granted and for up to 3 years thereafter if you request it. Also, based upon the fact that you've been carrying the mortgage for such a long time by yourself, and since your husband has presumably contributed nothing to the family while unemployed, you should be entitled to most of the house if not all.
These are significant legal issues with a lot at stake and you would be wise to retain a family law attorney to pursue this for you.
Re: selling our property
The essential issue is how the house is titled. The way the property is titled may cause certain issues for you but these may not be that much of an issue. Based on your assertion of the house being a family dwelling and that you have paid for its maintenance and ownership over the past five years, it will be all but impossible for your husband to give effect to his plans of taking all of its value. You should not tolerate his actions in anyway and contact an attorney to protect your rights. I am available should you desire assistance. Joe Holthaus (410) 750-2567.
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