Legal Question in Real Estate Law in Maryland

My ex-husband and I purchased a home in Maryland in 2000. When we divorced in 2006, the agreement was that within 4 years he would buy me out or we would sale the house and split the proceeds. When we received an offer on the house, we could not agree on how the money should be split (he thinks that he should get more because he has been in the home and paid the property tax), but it was not agreed upon in the initial agreement that he would get more because he had use of the home. I recently received a Writ of Summons for a Complaint to Sale in Lieu of Partition. In it, he is asking the court to appoint a trustee to sale the property, and also asking the courts to make me responsible for the cost of the trustee, the sale of the house, and his attorney's fees and other legal costs. I want him to either buy me out of the home and I sign over my ownership or we sale the house and evenly split the proceeds. Lastly, I am assuming that we should split any trustee costs but that he should be responsible for his attorney's fees and legal costs (I should NOT be responsible for that). How do I respond to the Writ of Summons and what requests and/or counter claim can I present? Please advise.

Asked on 12/29/12, 1:07 pm

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

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Kindly forward the orders that the court granted for you divorce and we can discuss you next action. A judicial sale may be appropriate.

Answered on 12/31/12, 12:12 am

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