Legal Question in Family Law in Maryland

Is it possible to charge my ex spouse rent in our home though she is on the deed. but not on the mortgage. we are supposed to sell the home but she is trashing it and I need to be able to repair it. I am the only name on the mortgage but she is on the deed. HELP please . If I charge her rent it would help pay down the mortgage and make her share in the responsibility. I would only charge her half rent . She is the only one living in our large home. Please advise.

Robert


Asked on 1/23/11, 6:16 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You can't charge an owner rent, and if you tried she wouldn't pay it anyway. If by "supposed to sell the home" you mean you either have a written separation agreement to do so within a fixed period of time, you can enforce that order in court on a breach of contract action. Probably you don't have that, and neglected to dispose of the house issue as part of your divorce, which was a big mistake. What you can do now is bring a suit for partition to force a sale. She has a great deal-- a free place to live that you're paying for. About the only incentive she has to leave is if you make a deal with her which allows her to find another place to buy or rent so you can fix the house up and put it on the market. Other than that, the partition suit will allow you to recoup your mortgage payments but will cost a lot to get through the system.

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Answered on 1/28/11, 6:46 am


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