Legal Question in Family Law in Maryland

Divorce - home financial settlement

I have 3 home appraisals and a new tax assessment value on the family home. My husband refuses to financally settle on the value of the home. He is in a better financial situation by postponing this as long as possible, rather than refinancing to buy me out. In the meantime, I have had to buy a town home while the market was high. My salary pays for my mortage and my 401K loan to obtain the home, and a few other household bills. I need a new car to maintain my sales job. But I can't afford one since he will not buy me out of the family home. Can I force the sale of the home since it is in both names? Or do I have to wait until a year of separation is complete?


Asked on 11/24/07, 7:38 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Divorce - home financial settlement

Unfortunately, you will have to wait for your divorce case to be heard before you can get a court order for the sale of the home. However, if you are the only one paying the mortgage as you suggest, you may be entitled to credit for your payments before the sale proceeds are split between the two of you.

You could speed things along by filing now for a limited divorce, and then after a year of separation, you amend your suit to an absolute divorce. You would be smart to retain an experienced family attorney to represent you in this matter who knows the ins and outs of the law.

Read more
Answered on 11/26/07, 1:43 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland