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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Last Monday my husband placed our home on the market short

Customer Question

Last Monday my husband placed our home on the market for a short sale. I was at work and I haven't seen or heard from him. He refuses to call or answer my text. He is committing adultery. I pulled his cell phone log and continue a female he's been calling. My name is ***** ***** the loan because my credit score was low and refused to have it on the deed. I have been paying bills with my children help. My husband refuse to pay anything in the home because he stated he could not afford to but just purchase a $2000 bicycle. Did he abandoned the home. What are my rights. I reside in prince georges county Maryland.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

I will need a little clarity.

So you are separated or has a divorce been filed?

Your name is ***** ***** the Deed or the loan, but you have been contributing to the property while you were married?

Customer: replied 1 year ago.
No we are not legally separated and this time a divorce has not been filed. I can file for an absolute divorce because of adultery. He would need to stay away 6 months before he file. That's correct I contribute to the property but my name on the loan or deed.
Expert:  Samuel II replied 1 year ago.

Thank you.

I suggest to stop the sale, you need to file for an injunction and show you have a marital interest in the home. Under MD law, there is an equitable distribution for assets acquired while married. And if you have been contributing to the home, even though in his name your contributions will be weighted in the distribution. Or you can let the house sell and when you file for divorce calculate how much profit, if any, the sale brought. If it is going to Short Sale, it is more than likely not going to make any profit and is underwater or nearly and the short sale is an attempt to say whatever bit of equity is in the home. But whatever it is, you can find out if there is any profit and then you could seek your Equitable share - that does not mean equal. It is not a 50/50. It is based on who contributed the most.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you