Legal Question in Family Law in Maryland
Divorce Law Maryland
A friends husband is planning to file for divorce . They have 1 seven year old son . He wants to sell their home and not pay the mortgage in the alimony child support agreement has given her . Can he do this ? She is terrified as does not make enough money to support herself and her son and they have been in this home for 10yrs .
2 Answers from Attorneys
Re: Divorce Law Maryland
If there is a written agreement that is signed by the parties, that would control. In general, if she has custody of the minor child, she may be awarded use and possession of the family home for up to 3 years, but she has to request that in her complaint and/or answer. If the house is jointly titled, the husband cannot sell it without her consent.
Re: Divorce Law Maryland
There is a lot going on in your question. First of all, if the court has ordered alimony or child support, this is binding. If he signed an agreement that stipulated he would pay alimony and child support, that is binding. Even if alimony were not binding, there is a legal duty to support your child and this can be brought as a separate action. As far as paying the mortgage, if this was not court ordered and not in the agreement, there is no obligation. Your friend needs to see a lawyer to determine next steps, including petitioning the court for use/possession of the home and/or an order for emergency family maintenance. If we can be of assistance, please have her call. Thank you.
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