Divorce and Homeownership

Real Estate Agent with Coldwell Banker Residential Brokerage MD RE License 579412

Divorce and Homeownership in Maryland

I had a conversation with my manager yesterday and she was saying this topic has come up a lot recently amongst agents in our office so, I thought it was a good time for a blog!!

The question:  My wife and kids are living in the home and I have moved out.  I am the only one on the title to the home can I list and sell my house?

Maryland is not a community property state so you would think that the answer would be yes the husband can sell his house.  However, the answer is no.  

Once the husband moves out of the home and the wife and kids (if there are any still at home) are still residents of the property and have all the same rights as a tenant would.  They must be given the Right of First Refusal and if the wife can not qualify to purchase the marital home from the husband, then she must sign all the listing documents as well and she has to cooperate with showings.  If she doesn't cooperate with showings and won't sign the listing documents then the house can not be sold until the court orders a disposition of assets in the divorce.  

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If you are thinking of buying or selling a home in  Maryland give me a call at 410-292-0100 or start your search here and I'll talk about the market conditions and what your home could possibly be worth in today's marketplace if you are thinking of selling.  If you are considering buying a home, there is no better time than now to buy. The tax savings and wealth building alone are worth the plunge into today's market. Coldwell Banker and I are connected with some of the brightest and best real estate agents in the world and can assist with your move here to Maryland or anywhere in the United States or abroad.  Ask me how.

During these trying times, Coldwell Banker and I are equipped with the latest technology to sell your home using Virtual Open Houses, Virtual showings, electronic signing, virtual inspection, and even online closings.   You can reach out to me through Snapchat, Duo, Skype, Google Hangouts, What's App, text messaging, or simply by phone.  We take you and your family's health and safety very seriously.  

June Piper-Brandon ~ Associate Broker ~ MRP, AHWD, CDPE, ePro

Coldwell Banker

410-292-0100 - Direct   410-461-7600 Office

June Piper Brandon - Agent with Century 21 New Millennium

June Piper Brandon - Agent with Century 21 New Millennium

Comments (3)

Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Hello June - real estate is never as easy as some might think it is and the multiple tragedies of divorce doesn't help make the transaction any simpler.  

Nov 29, 2022 10:26 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker
Great information, thanks for sharing.  I hope you have a great day.
Nov 30, 2022 04:41 AM
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

Really great info - thanks for sharing. Divorce can be a challenging situation to work with but also very rewarding 

Dec 01, 2022 09:34 AM