Legal Question in Family Law in Maryland

Protecting marital Property

My wife wants to sell our house take the money and move. She has listed it with a realestate agent, how can I legally stop my wife and the realestate agent from selling our house and kicking me out?

John


Asked on 11/20/02, 2:35 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Protecting marital Property

If the property is titled in the name of both, and aquired during the marriage, you can derive a portion of the sale through divorce and property settlement proceedings. If it is titled solely in her name you may have an interest in the property through separation or divorce. Contact an attorney.

Joe Holthaus

(410) 799-9002

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Answered on 11/22/02, 3:00 am
Carolyn Press Chung & Press. P.C.

Re: Protecting marital Property

If your house is owned by you and your wife together, she absolutely can not sell it and kick you out unless you agree to the sale. If it is her house, titled solely to her, she can. It sounds as though your biggest problem is not the prospect of the sale of the house, but the condition of your marriage. If your marriage is falling apart, you should consult with a family law attorney about your rights and the possibility of negotiating an amicable separation. If that isn't what you want, you should probably consult with someone about possibilities of saving the marriage.

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Answered on 11/21/02, 9:55 am


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