Legal Question in Family Law in Maryland

Re: divorce

Your husband may be entitled to a share of the sale proceeds of the house even though his name isn't on the deed. It depends on whether or not you owned the house free and clear at the commencement of the marriage, or whether you incurred any indebtedness (refinance) during the marriage. If you made any mortgage payments during the marriage, you probably did so from your earnings, which are marital property. To that extent, your husband acquires an equity interest in the property. Of course, if he doesn't make a claim for that during the divorce proceeding, he will waive his right to do so later. The same rationale would apply to any funds that are used from the sale of the house to fund your business.

Re: divorce

Depends - If the house was bought by you before marriage, he may have claimes to the equity from time of marriage if he in any way "managed" or helped out in the appreciation of the house. Same for the business. Best way to deal with this is a seperationa agreement [ Basically same as a limited divorce until you have met the time requirements for the actual divorce. This will let you live as almost single. The abandonment is a factor for the judge to consider - the reality is that most judges do not give great weight to it. If I can assist further, please let me know.

Note *** - This response is intended for general information purposes only and not as legal advice and does not constitute an attorney client relationship with the sender. Since each person's situation is different, it would be impossible and unethical to give legal advice without a full conference as an attorney/client relationship would require, obtaining in-depth facts particular to that case.