Legal Question in Real Estate Law in Maryland

Almost 14 years ago my dad bought me a house. We both signed all the paper with him providing the money. I lived in the home since it was purchased. I have recently moved out of state with no plans to return. My father has decided to move into the home. If my name is taken off the house am I entitled to half the value as with divorce.


Asked on 11/04/15, 5:35 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If the deed has both names on it, you are probably equal owners with your dad. If the deed describes the ownership status as "joint tenants with right of survivorship" which of you outlives the other will become sole owner. If it says you are "tenants in common", each of you owns an undivided half interest which you could theoretically sell or transfer to a third party, although that would be difficult unless the person to whom you would convey your interest is willing to be a co-owner with your dad. But in the scenario you described, your dad's assumption of occupancy doesn't entitle you to "cash out". If one of you files a lawsuit known as a partition action to compel a court-ordered sale, there would be an accounting of who maintained the property (mortgage payments, taxes, maintenance), and the court would likely apportion any sale proceeds along those lines.

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Answered on 11/05/15, 7:01 am


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