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rjeter · Aug 13, 2011, 07:43 AM

I ordered a house before we got married. It was supposed to be done in November, but was not ready until May. We got married in December before the house was ready. I have made all the payments out of my salary and the title for the house is in my name. It has been 8 years. My husband is having an affair and I want to file for divorce. Can I keep my house after the divorce in Maryland?

smoothy · Aug 13, 2011, 08:54 AM

Most likely he is going to get a share of the equity (assuming there actually is any currently) since it wasn't owned by you free and clear prior to the marriage.

twinkiedooter · Aug 13, 2011, 11:54 AM

Dependinng on which state you are in he may not be entitled to a share of the home. In Ohio had you purchased the home prior to marriage it would remain yours.

This sounds like a manufactured home. Since the home is titled in your name only it should remain yours as MH's are treated like automobiles having titles. Would a judge award half a car to a spouse? No. Same goes with the MH home having a title.

Do you rent the land or own the land? Who pays the years taxes on the mobile home?

AK lawyer · Aug 13, 2011, 01:11 PM

Originally Posted by twinkiedooter

... Would a judge award half a car to a spouse? No. Same goes with the MH home having a title.
...

Same should go for a conventionally-built home. Order the house be sold and the equity apportioned fairly. And if one or the other of the parties can qualify for a new mortgage and buy it, fine. That's how it should work.

But in my opinion it is a slipshod way to do a divorce if the house ends up owned by the parties in common.

If it is a mobile home, there probably isn't any equity, so that wouldn't be a complicating factor.

twinkiedooter · Aug 13, 2011, 04:19 PM

MH's don't have mortgages - they have loans like you would on a car unless the land AND the MH are a package, then a regular real estate mortgage is given.

kcomissiong · Aug 15, 2011, 07:50 AM

Please provide some additional information. Is this a mobile home, or is this a home that you had built to specifications? (ordered) MD is an equitable distribution state, and if you didn't actually purchase the home until after you were married, he can ask for a share. Additionally, your income after the marriage is considered to be marital income, so if you have been paying for it while you were married, then it sounds like the house would be marital property and that he would be entitled to a share. You could probably keep the house, but you would have to buy him out. THIS site had some great info.