Legal Question in Family Law in Maryland
Limited Divorce and house
My soon to be ex has not signed the separation agreement and has not made steps to refinance the house. We have been separated since March, 2007. If I file for limited divorce, can/will the judge force him to refinance the house immediately if the limited divorce is granted?
1 Answer from Attorneys
Re: Limited Divorce and house
Not necessarily. First of all, you have no agreement until it's signed. Second, in a limited divorce, the court doesn't make rulings regarding the ownership or disposition of real property. For that, you have to file for an absolute divorce. If your separation in 3/07 was voluntary, meaning with the consent of both of you, you could file for a limited divorce early next year and then
amend it to an absolute divorce upon the anniversary date of your separation, or just wait for that date and file for an absolute divorce. Then you would ask the court to order the house sold so that you can get your share of the equity.
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