Legal Question in Family Law in Maryland
If I have use and possession and miss mortgage payments, can my ex husband get the house possibly for a better deal, or without having to pay me my portion of the equity? There is nothing in the divorce decree that addresses what would happen if I could not afford payments, or even says I am responsible for the mortgage. It only says it should be sold after a 3 year use and possession period. The decree did have him help a little for a period of time, but that time is up. Over 1/2 the use and possession period remains. I'm trying to understand his strategy, other than spite, for why he did not agree to selling it or buying it, or letting me buy it when interest rates were lower?
1 Answer from Attorneys
Absent anything in the judgment for divorce, you are both legally responsible for paying the mortgage, assuming you're both borrowers on the mortgage loan. The court should have made a ruling at the time of the divorce as to what your respective interests in all of the marital property was, but absent that it would be presumed to be equal. If you miss payments, your ex is going to try to claim credits for any contributions he makes toward the mortgage, arguing that once the "help" period expired, you were supposed to take full responsibility as the occupant of the property. This might not apply to maintenance and taxes. If you want to sell before the end of the u&p period, you can propose that to him, but his reluctance might be that it's not a great seller's market. If you want to buy it, interest rates are quite low now, so it would be a good time to approach him.
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