Legal Question in Real Estate Law in Maryland

My son went in and bought a house with another person. Both names are on the loan. After 5 years they both wanted out away from each other. She decides that she will not pay anymore on the Morgage nor on the equity loan that they had with both signatures. He continues to try and keep his portion up on the loans until the house is sold. Also she went in and withdrew $13,000 that was left in the home equity line of credit without and intensions of paying it back. His lawyer that he has now tells him that there is nothing he can do about her not paying anything. How can she get away with this and still be able to get 50% of the sale of the house. There has to be something that someone can do. This isn't far and if it is true then the law should really be changed. She doesn't care if it goes into foreclosure but he does because he is trying to save his credit. But she is benefiting because she will not paying nothing and I mean nothing but still wants her 50%.


Asked on 4/29/10, 10:30 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

There is something your son can do, but it involves filing suit against his ex. The suit is known as a partition action. It asks the judge to appoint a trustee to sell the house and determine how the proceeds from the sale should be split up. This will allow the judge to give your son credit for the post break-up expense he has incurred, including her withdrawal of the balance of the home equity line. Unfortunately, there is significant expense involved in having to do this, and they would both be better off if they could work out an agreement that spells out how much each gets from the sale, and then they agree to put the house on the market.

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Answered on 5/04/10, 10:50 am


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