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Is Estranged Husband Entitled to House

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KittyH

Junior Member
What is the name of your state?Maryland

Husband moved in with his girlfriend over a year ago. He has not contributed to the mortgage or other bills since, and has only given money when he can for the support of our 2 children. Is he entitled to the full equity in the house? We do not have a legal separation.
 


BelizeBreeze

Senior Member
If the home was purchased during the marriage or his name is on the deed, or the home was yours but during the term of the marriage the status of the home changed (such as refi ) then yes, he is entitled to his legal equity.
 

rmet4nzkx

Senior Member
I think the writing is on the wall and if you want to protect your rights and the rights of your children you should learn about the Maryland divorce laws and take action. You clearly have grounds for divorce and that will play into your settlement.
PROPERTY DISTRIBUTION: Maryland is an "equitable distribution" state. The spouses retain their separate property, including: (1) any gifts and inheritances; (2) property acquired prior to the marriage; and (3) property which is directly traceable to property listed in (1) or (2). Marital property, including retirement benefits and military pensions, is then divided on an equitable basis. The court may order a division of the property, a sale of the property and a division of the proceeds, or a money award as an adjustment of the values. The court may award the family home to either party. The following factors are considered: (1) the monetary and non-monetary contributions of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (2) the value of each spouse's property; (3) the economic circumstances of each spouse at the time the division of property is to become effective; (4) the length of the marriage; (5) whether the property award is instead of or in addition to alimony; (6) how and by whom the property was acquired, including any retirement, profit-sharing, or deferred compensation plans; (7) the circumstances that contributed to the estrangement of the spouses; (8) the age and physical and mental condition of the spouses; and (9) any other factor necessary to do equity and justice between the spouses. [Annotated Code of Maryland; Family Law, Sections 8-202, 8-203, and 8-205].
 

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