Can a judge force me to sell my house in a divorce case even ifIowned it prior to the marriage and never putmy wife’sname on the deed?

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Can a judge force me to sell my house in a divorce case even ifIowned it prior to the marriage and never putmy wife’sname on the deed?

Asked on February 8, 2012 under Family Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well hopefully you have not come to that point in the matter. Your position here is that the property is separate property and that there was no intent by you to make the home marital property, evidenced by the fact that you did not place her name on the deed (plus hopefully other facts). Now, the judge may or may not buy that. He may characterize the property as quasi-marital. Then you need to come up with a plan to off set assets against the house. Get legal help please. Too much at stake. Good luck.


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