How to handle this house situation

[calmoechas09]

What is the name of your state (only U.S. law)? Maryland

Ok my husband decided that he wants to leave me for someone else and he moved some of his things out. Because I don't want a revolving door I want to start this process and keep it going. I wanted to know how will they handle out house. It is mortgaged in both our names but paid the down payment and the mortgage there after. I have proof that he hasn't ever helps with this bill and some other ones. My question is will they make me buy him out even though he has not contributed to the mortgage.

 

[JETX]

My question is will they make me buy him out even though he has not contributed to the mortgage.

Probably..... Ask your divorce attorney.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Maryland

Ok my husband decided that he wants to leave me for someone else and he moved some of his things out. Because I don't want a revolving door I want to start this process and keep it going. I wanted to know how will they handle out house. It is mortgaged in both our names but paid the down payment and the mortgage there after. I have proof that he hasn't ever helps with this bill and some other ones. My question is will they make me buy him out even though he has not contributed to the mortgage.

Look up 'marital property' for Maryland. In general, any home equity accrued during the marriage is marital property - regardless of which person pays the bills. Historically, this has protected women as so many homes were like Ward and June Cleaver and the husband worked and the wife stayed home. Today, a significant number go the other way, but the principle is still the same.

In some narrow circumstances, if the downpayment came from money you had before marriage (I'm reading that as 'I paid the downpayment' although you left out a word), you might be able to deduct that from the equity before giving him his 1/2, but you'll really need to talk with a local attorney about your specifics before reaching that conclusion. If he paid the downpayment from pre-marital money, the opposite might apply.