Legal Question in Family Law in Maryland

My husband & I married in 2006 and bought a home where we split the mortgage pymt. We have no children together although his 14 year old daughter lived with us. He & I were not getting along for the past year. I asked more than once if we could go for counciling. He refused getting help & finally refused to move after initially saying he would, so I moved out of the house in Baltimore on March 2nd 0f this year to get the separation process started. My problem now is I live in DE and pay rent, etc. He has made one late mortgage payment the month I left and no payment this month on the home in MD where they still reside. I alone am the loan holder on that home although he is on the deed. My ? is: how do I get him out so that I can either rent or sell the home although we are underwater and most likely I may have to Short Sell. I have spoken to him twice & texted him since moving about paying on time or at least before incurring late fees & jeopardizing MY credit.

I have been told that he has to agree to selling the house or moving because he is on the deed. Since he has decided to not pay, how long can he just stay in the house? I cannot pay his way & mine too. Can I have him removed from the deed so I can avoid losing the home?


Asked on 5/02/13, 1:09 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

You have a couple of options and, due to the complexity, it would be better to discuss them. Basically you could (1) buy his interest, (2) deed in lieu and seek recovery, or (3) move for partition. Each of these options should be discussed with an attorney and evaluated with the assistance of an attorney. You should not wait as foreclosure could be costly.

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Answered on 5/02/13, 1:47 pm


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