Legal Question in Family Law in Maryland
Permanent Residence
In my divorce decree/agreement that was signed off by the County Judge; there is an agreement or statement that my ex-husband has to continue paying the mortgage on our home until one of three things happen. 1)I remarry, 2) I move someone in the home on a permanant basis or 3) our son turns 18. Neither of these has happened. However, I do have a boyfriend who stays overnight several nights a week. My boyfriend has his own home which is his permanant legal residence. Is this in violation of our agreement? Please answer this for me. Thank you for your time.
2 Answers from Attorneys
Re: Permanent Residence
Once again, this depends on many factors. It appears that the mortgage payments are ordered incident to maintenance of a family home. In this case, there may be a basis for the limitation concerning your cohabitation.
Nonetheless, such a restriction appears to be legally void as it is inconsistent with gender equality.
Your issue involves legal and practical concerns and you should have your documentation reviewed by an attorney for a proper opinion.
Re: Permanent Residence
If your boyfriend is really maintaining a separate residence, which means a place he treats as his legal address, receives mail, lives most of the time at, then you are probably OK. If he starts regularly contributing to your household expenses, your ex may have a legitimate argument that you've forfeited your right to continuation of the mortgage payments.
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