Legal Question in Family Law in Maryland
Divorce - Residence
My husband declared bankruptcy and is living in our home without paying the mortgage since June. I live elsewhere but would like him removed so I can try and sell, rent or work with the Mortgage co. How do I get him to leave. I have lived separate for more than a yr and want a divorce. this is the only issue do I need a lawyer or can I fill out the paperwork myself and ask the judge to decide?
1 Answer from Attorneys
Re: Divorce - Residence
You cannot get him out of the house without his cooperation until you get through the divorce case, and you would need the divorce judge to order that the home be sold through a trustee, all of which will take some time. I assume you're paying the mortgage, or the mortgage company would have foreclosed by now. So you can ask the court to award you the lion's share of the equity in the house (if any) on that basis. Your husband obviously has no incentive to move out under these circumstances. If he has any equity in the house, it's probably partially exempt from being included in the bankruptcy case. Unless you can give him a sufficient financial incentive to leave, and to agree to cooperate in a sale of the house, you're in a very difficult situation.
These issues are complicated and you will really need an experienced family law attorney to handle this for you.