Legal Question in Family Law in Maryland
Seperation/Divorce
I am the primary wage earner in my home. I HAVE to leave my home and get an appartment - my husband wants to stay in the house, and doesn't want me to sell it. We went into purchase of the house jointly twenty years ago, but for the past fifteen years, I alone have been paying the mortgage and the bills. If I leave my home, with my husband still in it, am I liable for the bills he incurrs while he's still in the home?
2 Answers from Attorneys
Re: Seperation/Divorce
You will remain liable for the mortgage payment if he fails to make it, as well as the taxes. If your name is on any of the utility accounts, you'll remain liable for those as well.
If your husband wants to stay in the house, I suggest you insist that he buy you out by refinancing the mortgage in his name only. That way you will get your name off the mortgage and free up your credit in case you want to buy your own home or make other credit-based purchases. If he refuses to do this, you can separate and, as part of a divorce action, ask the court to order the sale of the property so you can get your equity out of it. I strongly urge you to consult an experienced family attorney for assistance.
Robert Sher
Re: Seperation/Divorce
The short answer is that you are responsible for your portion of the bills. If there is a mortgage, you would want to ensure that it is paid in order to protect your credit. In the event that he doesn't contribute toward the bills, you would be entitled to a contribution from him for his share of the mortgage, taxes, utilities, and maintenance when the house is sold or retitled at the final divorce.