Legal Question in Family Law in Maryland

Filing for legal seperation and selling property

I need to leave my residence and seperate from my spouse immediately due to mental abuse. I don't want to be charged with abandoning the property. All loans are in my

name only, and he pays only when he feels like it. He is not going to leave the property period. What can I leagally due to vacate the premises and keep my good credit?


Asked on 9/22/04, 12:21 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Filing for legal seperation and selling property

Your occupancy of the premises shouldn't affect your credit as long as you keep up the payments. You need to arrange to have any bills that are mailed to the premises forwarded to your new address, unless you can retain access to the premises to pick up your mail, which you may not want to do.

You can file an action for a limited divorce based on constructive desertion, which means you are claiming that your husband was so abusive to you that you had no choice but to leave. If you have minor children that will be living with you, you can seek immediate exclusive possession of the premises. After a year of separation, you can ask for a final divorce and if you still own the property, ask the court to divide it up based on who made what contributions.

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Answered on 9/22/04, 2:29 pm


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