Legal Question in Real Estate Law in Maryland

spliting up and home ownership

Boyfriend an I lived together for 5 years than deceided to have custome home built on property left to him in mother's will. After 6 years of house payments ( boyfriend) still sitting on the fence so I want out. Home vaule has more than doubled and I want money I put into payments back and 1/4 of equity so I can have something to put down on my own home when I leave. Boyfriend stated I won't get a dime, what do I need to do, help?My name is on the mortage ( deed).

Asked on 7/07/07, 8:32 pm

3 Answers from Attorneys

Alex Radice Law Office of Alex Radice

Re: spliting up and home ownership

Assuming you are named on the deed as a co-owner/joint-tenant, you will have to file a sale in lieu of partition action in the circuit court where the property is located. I have filed several of these actions and would be happy to represent you.

Basically, the court will appoint a trustee who will take control of the property and sell it. The trustee makes all the decisions with input from the parties. Once sold, the proceeds will be divided as the court orders after a hearing. The trustee also gets a fee, along with the realtor, if that is how the property is sold.

Please remember that before you file suit and/or move out that you get copies of all necessary records regarding taxes, payments for expenses, mortgage, repairs, improvements, etc. Also, if there was any agreement at the outset how the two of you would handle these issues, that will also be important.

Good luck

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Answered on 7/08/07, 9:34 am
Carter Ferrington Bar Adon Vogel PLLC

Re: spliting up and home ownership

You seem to be somewhat confused. You say that your name is on the mortgage, which would be the deed of trust, not the deed...If it's on the deed (and not just the debt incurred on the property).

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Answered on 7/07/07, 8:46 pm
David Lease Smith, Lease & Goldstein, LLC

Re: spliting up and home ownership

If you are a named party on the deed, you can pursue a sale in lieu of partition which would force the sale of the property, and if there are proceeds after all the costs are paid, the court would equitable divide those proceeds. If you are not on the deed but you and your boyfriend intended for you to be part owner of the property, then you would need to file an action to enforce your agreement and reform the deed.

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Answered on 7/09/07, 10:00 am

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