Legal Question in Family Law in Maryland
Wife vacated house a few yrs ago. She has been paying 1/2 mortgage entire time. Only I (no minors) live there. She takes mortgage deduction on taxes & will be entitled to 1/2 of proceeds when sold. Last month she stopped paying, despite ability to. I haven't the ability to cover full amt. Can she do this? Also, once divorce is final, the house will be ordered sold. While being sold are we equally responsible for mortgage expense, fixup costs, & commissions? Does it matter who lives in house, or how long it takes to sell?
1 Answer from Attorneys
In the absence of a specific court order, there is no rule as to the sharing of responsibility for payment of joint debts. With regard to your mortgage, obviously your lender can look to either of you for payment of the full amount. As part of the divorce, the court has equitable authority to divide net sales proceeds from the property as it deems appropriate, taking into account your relative net worth, reasons for the dissolution of the marriage, ability to support yourselves, and the relative contributions of each party to the upkeep of the assets.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
