Legal Question in Family Law in Maryland

Does my ex wife have the right to rent our marital home which we BOTH own 50/10 (she refuses to sell) to another party (man she had an affair with) and not share the rent with me?


Asked on 5/23/11, 4:35 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

As a co-owner of the property you have the right to derive income from it. Apparently you didn't resolve these issues in a marital separation agreement prior to your divorce. Now that you are divorced (I assume this from your description of her as "ex"), you can force a sale by filing an action for partition in court. If she wants to keep the house and you have equity in it, she should be willing to buy you out to avoid losing the property. Consult a real estate litigator for more details.

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Answered on 5/24/11, 6:48 am


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