Legal Question in Family Law in Maryland
Preventing the sale of the house
I'm 50 -been married for 9and half years . no children from this marriage. My husband has been committing adultery for three plus years by hisown admision. finally. After a couple of short separations we decided to recommit to the marriage.
He after two months fell off the wagon so to speak and started seeing this same person again. He has moved out permanently and we now both have lawyers
My main question is. Is there any way to sue for adultery for the purpose of keeping the house. Losing the house to a forcd sale is m biggest fear.
I have been told that if we go to court the house automatically will be sold.
1 Answer from Attorneys
Re: Preventing the sale of the house
Since you have a lawyer, you really need to discuss your concerns with him or her, since your lawyer must be informed about all of the issues and financial details which are relevant to your case. Filing for divorce on grounds of adultery will not guarantee that you will keep the house. I am assuming that it was not your lawyer who told you that going to court would automatically mean that the house would be sold, since this is not always true. If you go to court the judge will need to consider all of the details of your financial situation, including all of the marital assets and debts, your income, your husband's income, any assets which are not marital (assets which one of you had before the marriage or received from gift or inheritance from a third party), any special circumstances including the cause of the end of the marriage (adultery) but also including limitations on the ability of either of you to be self-supporting (age, health, work experience, etc.).The judge can't change the title to the house and give it to you, but he can order a monetary award equal to your husband's share. No two divorce cases are ever quite the same, and your lawyer needs to have all of the facts to help you make a decision about how best to protect your interests during a divorce.