Legal Question in Real Estate Law in Maryland

co owner of home -needs to move on

my boyfriend and I have co-owned this home since 3/2001 -my name is on the house as well as the property that was given to him by his parents. I need to leave him because of his serious drug use, and my question is, can I still file to get my equity that I paid into this house if I leave because of fear of harm? I mean I will try and find and attorney in my state of Md- near Glen Burnie-Annapolis but if I leave can he hold that against me and cause me to not get my money due me so I can afford to live elsewhere? It is getting un comfortable living here and I was laid off so now would be the best time to pack & leave, I just don't want him to state that I ran out on my responsibilities, I could have him found out and forced into rehab by his employer if that would help me I just need to do something soon, what are my options? I have paid 1/2 the house payment as well as everything else since 03/2001 when we moved in.

Asked on 4/04/09, 5:21 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: co owner of home -needs to move on

You will not risk losing your ownership interest in the property be leaving him. It sounds like his parents gave him the land and together you built the house. If so, your interest in the propert may only be half the value of the improvement (the house), unless he concedes that half of everything is yours The question is, is he willing and able to buy you out now so you can afford your own place. And if not, is he going to continue to make the house payment? If he defaults, the lender will foreclose and you'll lose your equity. To buy you out, he'd have to refinance the loan in his own name and borrow more than you owe now to cover your equity. The other option is to agree to sell the house so you can get your equity that way, but I suspect he's not going to be cooperative there either.

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Answered on 4/06/09, 10:05 am

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