Legal Question in Civil Litigation in Maryland
In domestic case, where husband has sole possession of a jointly deeded marital property, and defaults on the existing mortgage while HE RESIDES THERE WITHOUT HER PER COURT ORDER, can the wife (or soon to be exwife) recoup her loss of her share of the equity in the property if he intentionally resided there, had others reside there in varying number, and never paid the mortgage?
1 Answer from Attorneys
In determining how to equitably divide marital assets in a divorce, the court can certainly take into account a loss of equity in the marital residence caused by the husband's failure to pay the mortgage, especially if the court had ordered him to be responsible for it as part of his occupancy. From a practical standpoint, however, if there are no other significant assets it may be difficult to make the wife whole.
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