Legal Question in Family Law in Maryland

Forcing Ex-spouse to sell jointly owned home

I am trying to determine the steps I need to take to force my wife to sell or refinance our former home. We have been separated and divorced for seven to eight years. We had a separation/Divorce agreement stating that she had financial responsibility for the home and she was to refinance or otherwise initiate proceedings to have my name removed from the mortgage. To this date she has not done so. I don't think she is financially able to refinance. What steps can I take to force her to either sell the house or refinance it and get my name removed.


Asked on 8/27/03, 10:49 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Forcing Ex-spouse to sell jointly owned home

If the agreement imposed a deadline on your ex by which she was to sell or refinance, she is in breach of contract. If the agreement was incorporated in the judgment for divorce, you can file a contempt petition in court, asking the court to force her to comply. If for some reason you neglected to incorporate the agreement, you can bring an action for breach of contract against her, asking for the same relief.

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Answered on 8/27/03, 12:19 pm


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