Legal Question in Family Law in Maryland
possession
my divorce became final last July. I moved out of our hse in oct of 07 and my ex resides in the marital home. He did not pay the mtg and the hse went into forclosure. since then I petitioned the court to give me use and possession and I will pay the amt outstanding. It was granted by the judge with my ex getting 15 days to move out. he has decided that he will not move. what steps can I take to get him out. I have paid the arrears of $28,098.00 to the foreclosure attny to preserve my credit. I don't have a lot of time since I hv given notice to my landlord. thanks
1 Answer from Attorneys
Re: possession
I suggest you file a petition for warrant of restitution in court, pointing out that you have been awarded possession of the premises and your ex has refused to relinquish same in violation of that order. If granted, the judge will order the sheriff in your county to accompany you and an eviction company you will have to hire to escort your ex out of the premises and to put his belongings on the street--just like evicting a tenant. This procedure is usually utilized by a landlord after a tenant is evicted from rental property, but it should be applicable here.
The other option is to get the court to issue a show cause order to your ex, ordering him to appear in court and show cause why he shouldn't be held in contempt for violation of a court order. This will probably result in an another order such as the one described above, so will obviously take longer. In either case ask the court to award you attorney's fees if you incur them in this process.
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