Legal Question in Family Law in Maryland

Our household expenses, which include mortgage, daycare for 2 children, food, utilities, insurance and incidentals runs about $5700/mo. My spouse contributes about $2400 and I contribute $3300 to that payment. Now that we are getting divorced, she still lives in our marital home, but refuses to contribute her share. The mortgage is in my name only even though she is on the deed. Also, she has retained an apartment but not moved in yet. What is the best way to compel her to contribute her agreed share? Otherwise, do I have a right to give her the boot and change the locks?


Asked on 9/21/10, 5:35 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

You should hire/consult a Maryland family law attorney before you do ANYTHING. To answer your question, the Court will divide your assets equitably. You are each technically entitled to live the lifestyle after the divorce that you lived before the divorce. If your wife contributed more than you because she makes more money than you, you may be entitled to alimony as part of the divorce. Your attorney may also want to file a request for temporary support, meaning that the Court orders your wife to continue paying her share of the expenses until the Court has time to sort out the division of marital assets and final terms of your divorce.

Best of luck.*******The above is for informational purposes and does not create an attorney-client privilege.*******

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Answered on 9/26/10, 5:53 am
Richard Lebovitz Richard D. Lebovitz, Esquire

Your options depend on how well the two of you communicate and cooperate. A marital settlement agreement would resolve these issues. But if you are unable to negotiate then mediation or court action would be required. Unfortunately, court action is slow and a hearing on the merits to resolve issues of custody, child support and use and possession and who pays the expenses of the marital home may be months away from date of filing a complaint. Call a family law attorney to discuss all of your options in greater detail.

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Answered on 9/26/10, 7:05 am

Unfortunately, you have presented some less than ideal facts. If the house is titled jointly, you cannot evict your wife or effectively lock her out (unless there is domestic violence), and since the mortgage is in your name, there is no authority for the court to award contribution. As my other colleagues have suggested, you should consult with competent domestic relations counsel. There may be other ways to motivate your wife to work toward your objectives.

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Answered on 9/26/10, 9:18 am


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