Legal Question in Real Estate Law in Maryland

Transfer of property title/deed

My husband wants to put his sister's name on our deed and remove my name. I think he will be selling the house to her if that happens. he says it is to cash out and pay his debts. We are separated and I live in the house. I don't want to do this. I fear they are trying to manipulate me into leaving and having no property rights as his wife.

I am afraid that I could find myself outdoors.

Can he sell the property or transfer the deed without my input ofour am afraid if I do trh r consent.

Wouldn't the mortgage loan holder change also to his sister?

Perplexed


Asked on 8/02/04, 1:52 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Transfer of property title/deed

As long as your name is on the deed, your husband can't sell it out from under you. It would be a big mistake to accede to his wishes under your circumstances. You have a marital interest in whatever equity there is in the property, and you should receive that as part of any property distribution if one of you starts divorce proceedings.

If you have custody of children from the marriage, you can get a court order allowing you to stay in the house for up to 3 years after a di-vorce. Or you can agree to sell the house, split the proceeds, and find new accommodations.

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Answered on 8/02/04, 2:20 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Transfer of property title/deed

You have to sign "something" for this to happen legally. If you do not sign the deed over or a separation agreement or otherwise convey of the property in a legally sufficient manner then there is no legal way for your husband to take the property out from under you.

Take note that if either one of you files for divorce then the property will most probably become subject to judicial division (i.e., the judge orders the property sold).

Seek an attorney for a thorough analysis of all factors.

If you have children you may obtain use and possession. Use and possession may be something you should speak to an attorney about.

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Answered on 8/02/04, 6:24 pm


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