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WASHINGTONLEGAL · Sep 19, 2007, 05:43 PM

My brother and his girlfirend have been living together for 8 years in Maryland. They purchase a house together, but only her name was put on the deed and mortgage loan, because of his credit. He signed all of his checks for "Mortgage payment", now she wants to evict him. Can she use the holder defense in Maryland. What can he do?

excon · Sep 19, 2007, 06:26 PM

Hello W:

I don't know anything about the "holder" defense, but it's not HER that needs a defense - it's him. She doesn't need any "holder" defense to evict him. All she needs is to show that she owns the property and according to the deed and the mortgage, she does.

Therefore, he WILL be evicted.

Does he have a claim on the property?? I don't know. I doubt it. They're not married. His name isn't on ANYTHING. Yes, he pays the mortgage. In an arrangement between couples, that could be HIS contribution to the family. Certainly he doesn't get to live free. In my view, THAT contribution won't give him any ownership rights. He needs to see a lawyer.

excon

Fr_Chuck · Sep 19, 2007, 06:56 PM

First Maryland does not have a law that allows common law marriage, a few states still do. If a couple reaches common law status in another state, Maryland will reconise their marriage from another state.

So there is no marriage protection for them. He is merely a boyfriend living in her house. He can have him evicted if she wants to