Legal Question in Family Law in Maryland

Divorce: Real Estate

When selling a home in Maryland that is in only one spouse's name, does the title company have an obligation to ensure that the money is split at closing?

Asked on 5/24/08, 2:17 pm

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.
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Re: Divorce: Real Estate

No. If the house is being sold because of a divorce judgment which requires a division of marital property, the party holding title (the seller) is obligated by the order of the court to pay the ordered sum to the other party. It would make good sense for both parties to be present at the closing with a request that two checks be cut based on the court-ordered division of the asset, but the title company is not directly subject to the court order.

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Answered on 5/26/08, 3:03 pm

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