Legal Question in Real Estate Law in Maryland

I want to ask the court to force my ex wife to agree to put the house up for sale. We have been devorced for 12 yrs alimony , child support. Pension, was all settled by an absolute divorce .. She did not show up in court. We agreed to hold on to house untill kids seddled. She just just moved back into the home that I have lived , maintained and paid the mortgage.... She's never paid a penny. I don't want the court to take my right to sell with agent. I don't want court to appoint administrator.. Or sell the house at an auction or investors. Question what does the court do when one files the suit?


Asked on 3/02/12, 2:47 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You will have to file a civil suit called a partition action, and unless your ex can be persuaded to cooperate, the court will have to appoint a trustee to sell the property. This will result in your receiving less in net proceeds than if you cooperatively put the property on the market. I suggest you try and find a creative way to get her to move and agree to put the property on the market, using financial incentives.

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Answered on 3/05/12, 7:54 am


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