Legal Question in Real Estate Law in Maryland

Forceing a spouse to sell.

I am getting a divorce and i cannot afford to pay for my home anymore. However, my wife does not want to sell and she is on the title. I have owned the property for 8 years and I have paid every bill in the home the entire time. I am the only person on the mortgage loan she is only on the title. How can I force her to sell the home in lieu of my financial difficulties? I don't want the home to go into foreclosure.


Asked on 9/28/07, 9:33 pm

1 Answer from Attorneys
Eugene Policastri Bromberg, Rosenthal, LLP

Re: Forceing a spouse to sell.

Usually marital assets are partitioned in the divorce proceeding. If no proceedings are underway, you will need to file a petition for sale in lieu of partition. The proceeds will still be subject to equitable distribution in the divorce.

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Answered on 9/29/07, 11:39 am


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