Legal Question in Family Law in Maryland

Kjt106

Kjt106, Home Buyer in Hagerstown, MD

Can I file contempt of the Court order or file a motion to enforce the divorce decree??

I filed chapter 7 bankruptcy on my house & it was discharged in June 2015. I was solely on the mortgage & my ex-husband & I both were on the deed. He refused to vacate the property and 15 months ago he completely stopped making payments on it, while still residing in it. Our divorce was granted in December 2014. We agreed in the divorce decree that he would immediately put the house on the market & actively cooperate with the sale of the marital home because at that time the mortgage was in default by 8 months. He agreed, but has shown the house only once and refused the realtor to bring a cash buyer in to see the house. I tried to get a loan modification but was denied. My ex-husband and I were supposed decide to keep it on the market or to have it put up for public auction by August 15, 2015 if it wasn't sold by July 2015 & of course it was not! and of course the kicker is that there are tax liens on the property that need to be paid if/when the property is sold!

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Asked on 8/12/15, 12:48 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

File a contempt citation (order to show cause) asking the court to appoint a trustee authorized to take control of the property and sell it. If there is any equity after all liens are paid from sale proceeds you will want an accounting to determine if he is entitled to any of it. Ask the court to order him to pay all court costs incl trustee's fees.

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Answered on 8/14/15, 4:18 am


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