Legal Question in Family Law in Maryland

joint real estate

I was divorced two years ago. The agreement says I will live in the home until our daughter graduated this June, and i would pay the mortgage. Now that I am moving out and the house is being sold, isn't my ex-husband responsible for 1/2 of the mortgage since I am not living there until the house is sold?


Asked on 6/20/00, 10:08 pm

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: joint real estate

Based on the information you have given,there is not really a clear answer. If you had an agreement that you were required to move out in June, then after that time you and he should be jointly responsible for the mortgage. If the agreement provided that you had the use of the home until it is sold, and you chose to move out for your own reasons, you most likely would be responsible for the mortgage payments. It is not clear whether you have a buyer and are simply waiting a short time for closing, or whether the house is still on the market. If the house is going to be empty for a significant period of time, and it is in the interest of both you and your former husband that the house be maintained, you should try to work something out to protect your joint investment. If there is a substantial amount of money involved in disputed mortage payments, and you can't reach an agreement about payment, you may both end up spending more than it's worth on legal fees to have the final distribution of proceeds of the sale decided by the court. A house can remain on the market for a long time before it is sold. If you can't reach an agreement, I would suggest that you consult with an attorney who has all of the facts.

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Answered on 9/01/00, 1:19 pm

Re: joint real estate

Normally yes. As a general consideration, someone still has to be responsible for preparing the house for sales showing, keeping the lawn mowed, paying the taxes, and other expenses. When the time comes to divide the proceeds of the sale, the person that put out the money during the sale would be given credit for the expenses. It is always best to consult with your attorney to insure your rights are protected during the sale of the maritial home.

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Answered on 8/30/00, 8:25 pm


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