Legal Question in Family Law in Maryland

Property separation after divorce

I was divorced under MD law in June 98, but probably very ill advised regarding separation of property. I have full custody of my two daughters and my former husband was ordered to pay child support, which he never ever did. My dilemma is that the house is still on both names, I pay all the mortgage, repairs, taxes etc. since three years. Financially I cannot afford it anymore and I want to sell the property rather than going into foreclosure. For that I need his approval and signature, but he refuses to do so. The court order says I have the right to live in the house with my children for three years. But what will happen after the three years are over? What can I do to get our of this situation?


Asked on 10/20/99, 10:52 am

1 Answer from Attorneys
Lowell Wilson Law Office of Lowell G. Wilson

Re: Property separation after divorce

There are a lot of things that you can do, but

they are not all that simple and you should really

try to retain a lawyer if you can possibly afford it.

First of all, your husband's lack of child support

is probably a large part of the reason that you can't

afford the house, right? So you should for a show

cause hearing to have him held in contempt.

Of course, that doesn't always work. Next, I would

need to see the court orders, agreements, etc,

but you can probably petition the court for a sale

of your house in lieu of partition. Frequently once

the other party starts to realize that their credit

is taking a hit on this, too, they will come around.

I have seen the filing of such papers magically

clear up such problems. Sadly, I have also seen

the other side just dig their heals in.

As I said, you really do need a lawyer for this.

Lowell

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Answered on 10/22/99, 7:35 am


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