Legal Question in Real Estate Law in Maryland
My husband and I purchased a home in 2004. Originally, he was on the mortgage and we both were on the deed. We decided to separate in 2013, but did not file a legal separation agreement. At the same time, I refinanced the mortgage in my name (based on a spreadsheet of assets). I've remained in the house and have made all the payments. Is there any way he can seek recompense for the uptick in equity?
1 Answer from Attorneys
If you didn't insist on your husband conveying his interest in the property to you at the time of the '13 refinance, that was a big mistake. He would not be in a position to prevent your sale of the property, or could hold you up for a share of any increased equity. That was the time to execute a comprehensive marital separation agreement that resolved all financial and other issues, so that getting a later divorce could be on a simple, inexpensive and uncontested basis. He can certainly seek a share of the equity in a divorce proceeding, although a court would be inclined to limit it to pre-2013 since he has contributed nothing to the upkeep of the property since then.
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