Legal Question in Family Law in Maryland

Does helping with the mortgage give him property rights?

My husband is verbally abusive (he has bi-polar, but refuses to take medication). He is also a recovering alcoholic. We have overcome some very traumatic battles in the past, but I can no longer live with the rage that lives inside him. The house we live in is in my name, acquired before marriage, although my husband pays half the mortgage. He says he will not leave ''his'' house -- that I will be the one to leave. Or, alternatively, I must pay him back everything he has put in, and then he will leave. Do I have to pay him back all the money he contributed to the monthly mortgage? Can I make him leave? If I am fearful that his verbal abuse will turn into physical abuse (especially if he starts drinking again), can I get an exparte based on fear and not actual events?


Asked on 8/01/01, 2:19 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Does helping with the mortgage give him property rights?

You are clearly eligible for an ex parte domestic violence order and you should apply for one immediately if you're in fear of violence and can give the court specific examples. You have no obligation to reimburse him for anything he's contributed to the mortgage because he got the benefit of living there. You could probably get the police to throw him out if he did attack you and you show them it's your property, but I wouldn't wait until then.

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Answered on 8/01/01, 3:54 pm
Carolyn Press Chung & Press. P.C.

Re: Does helping with the mortgage give him property rights?

If the house is titled to you alone, it is yours and not your husband's, even though he has contributed to the mortgage payments. He has no ownership interest, but in the event of a divorce he would have what is called a "marital property" interest. That means that at the time of divorce you might, but not necessarily, have to pay him something based on the increase in the equity in the house during the marriage. Don't worry about that now. You can get him out of the house. The quickest way would be by filing for a protective order based on a reasonable fear that he will cause physical harm to you. If he is drunk and threatening, not just drunk, that should be enough. To file for a protective order go to the District Court Commissioner's office in your county and fill out the papers they give you. You will have to write a statement about the basis for your fear, and you will have to appear before a judge to explain again. The judge, if you have alleged a reasonable basis for the order, will order your husband out of the house and away from you for a week, and after that there will be a hearing at which you will both appear to present your side of the issue. If the judge found no basis for the protective order, he could deny your request. If he did found a basis, he could order your husband to stay away for up to a year. But since he would already be out of the house, you can chanage the locks and do whatever else you need to to keep him out. And you can file for divorce. You might not need a lawyer for the protective order, but don/t try to handle the divorce without one.

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Answered on 8/01/01, 4:54 pm


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