Legal Question in Family Law in Maryland

Re: Should I file a petition for sale in lieu of partition or regular divorce?

You won't save any time, but will spend more money filing the partition action. Unfortunately, a divorce will take the better part of a year if it remains contested. Also, if she's living in the house and there are minor children living with her, she could ask the court for full custody and a use and possession order, which would give her the right to remain in the property during the pendency of the divorce and thereafter, with you paying child support that would possibly cover the mortgage payments. You need to consult with an experienced family law attorney who can try and negotiate a separation agreement with your wife that would allow the house to be sold and provide her with the funds she needs to obtain her own housing.

Re: Should I file a petition for sale in lieu of partition or regular divorce?

You should contact an attorney. Reasons are that there are issues of marital property that she could bring against you. Without addressing this matter properly she could claim against you even though she may arguably gain from the sale.

Equally important is that she needs to understand the importance of prompt action. Not effecting a sale in the current market may cause loss.

By your question it appears that you understand that being behind in the mortgage may bring a greater loss where an action of foreclosure is brought.

Contact me to discuss.