Legal Question in Family Law in Maryland

separation

I am in the process of separating from my husband. I am the money winner in the family and he will not leave the house. My daughter will be 18 this month so kids are not a factor, i think. Anyway, we have an appointment to refinance the house along with a home equity loan that my husband took out to buy his business. I am wondering if it is the right thing to do if we are contemplating separation and more than likely selling the house. Since he will not move and if I move the home would go into forclosure because he cannot afford to live there. I would like to keep the house but I can't seem to figure out a way for him to leave. Plus he has a child from a prev.marriage and a boat.


Asked on 3/05/01, 2:47 pm

1 Answer from Attorneys
Edward Stone The Stone Law Firm

Re: separation

If the house is jointly titled, you will not be able to simply lock him out of the house, absent a showing of physical abuse or threats. If the home is jointly titled and you cannot reach an agreement, a judge will appoint a trustee to sell the home. This is disadvantageous to both parties as the trustee usually gobbles up an additional 5% of the sale on top of the realtor's percentage. It makes sense for both of you to negotiate a buy out, if it is economically feasible for you to make the mortgage payments alone.

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Answered on 5/09/01, 8:43 am


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