Legal Question in Personal Injury in Maryland

Leagal Ramifications

my ex wife is operating a unlicensed Day Care out her home. The house is still in my name, though I don't live there. Am I at risk if one of the children get hurt on that property or if she gets cought operating the business without a license?


Asked on 1/23/09, 12:16 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Leagal Ramifications

Yes, as to the question regarding an injury, so make sure there is ample liability insurance coverage as part of the homeowner's policy. You can check with your insurance agent about this. As far as the licensing issue is concerned, she might get shut down by the county. If she gets fined for this, it's possible that the fine could become a lien against the property, which would adversely affect your equity interest. You should urge her to get a license.

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Answered on 1/23/09, 1:29 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Legal Ramifications

Liability could result from an injury to a child or a parent dropping off or picking up a child. Such may lead to loss of the property. Insurance is not likely to cover the loss due to unlicensed activity, and specific coverage is needed to cover business activity.

Such activity is typically not tolerated by the County as regulation and monitoring applies to ensure propriety and safety. Fines and other penalties may apply.

Has she been awarded the house? Or was it otherwise agreed that it would be hers? If so, this matter should be properly concluded. It is possible that liability could extend beyond the value of the house and potentially attach personally upon you. If the house is to be titled in her name due to divorce then concluding this matter may provide you with insulation against liability arising from her prohibited activities; however, her liability may bring adverse effect upon you in other manners.

Contact me should you require legal assistance.

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Answered on 1/23/09, 3:43 pm


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