Legal Question in Family Law in Maryland
DIvorced and Ex won't agree to sell or buy house!!!
I have been divorced for a year now. My ex wife lives in the house we bought in 2005. The house Deed is in both of our names, but the loan for the house is in my name. My Ex and I agreed that she would stay in the house and I would leave, and that she had until August of 2009 to buy me out of the house. This agreement was made verbally and not through the courts. Now she is saying that she won't be ready by 2009and may not be ready until 2012. She says that she checked into the laws and was told that she has the right to live in the house without buying me out for three years at minimum. She is also unwilling to agree to sell the house. Now I am stuck paying for a house that I don't live in.
I don't have a lawyer to ask. We did our divorce without lawyers, and now its biting me in the butt. So my main question is what will the courts do for this situation? There are three children involved that live in the house with her, so I don't know if that will play to her side or not. I just need to know what i can realistically expect to see from the courts. Also, will i need a lawyer to look into this or can I work this through the courts alone?
Hope someone can provide some good advice
1 Answer from Attorneys
Re: DIvorced and Ex won't agree to sell or buy house!!!
It's not clear how you managed to get divorced without a written property settlement agreement. If there is no written agreement or language in the Judgment of Absolute Divorce regarding the disposition of the property or an award of use and possession of the property, then she does not have a legal right to stay in the house for 3 years.
Once the divorce became final, the title to the house automatically converted to tenants in common. That means that you can petition the court for a sale in lieu of partition whereby the court would order the house to be sold. It is an expensive way to sell a house since there would be court and trustee fees involved, and may not be in the best interests of the children, but it may give you some leverage in negotiations with her.
Given the state of the case, consulting with an attorney is recommended.
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