Legal Question in Real Estate Law in Maryland

co-ownership

I purchased a townhouse with my boyfriend 2 yrs. ago. I am the co-owner in deed & note. He has paid the mortgage while I took care of the house, and some of the other bills. We are splitting up and there is 50k+ in equity in the house. I would like to get 13k out of it to pay off my truck (so I can afford an apartment) before I sign the house over to him. He says I don't have a ''leg to stand on'' because I didn't actually write the check that paid the mortgage. Aren't I entitled to at least the 13k if not the entire 1/2 of the equity when we refinance and I sign the house over to him? Can I refuse to sign it over unless I get the 13k out of it? Will I still be entitled to 1/2 down the road when he decides to sell it? Do I have to stay in it to be entitled to receive the $$ or can I move out? What are my rights & entitlement?

Thank you, --name removed--M.--name removed--


Asked on 2/02/05, 5:49 pm

1 Answer from Attorneys
Joseph Laumann Law Office of Joseph Laumann, PA

Re: co-ownership

If you are on deed and mortgage, then you are entitled to your equal share. It does not matter who wrote the check, but rather who owns the property. Since you were not married, it would not be considered marital property. But, you are joint owners (joint tenants) and you could either force a sale of the home or have him buy you out.

I would be happy to discuss your matter with you further. Please contact my office for a free consultation.

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Answered on 2/03/05, 7:30 am


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