Legal Question in Real Estate Law in Maryland

My home was ordered for sale in our divorce. My husband is on deed but not mortgage. He is not cooperating. He lives in the house but has stopped paying me for the mortgage. I have Power of Attorney to sell the home but I need him to sign the deed at closing. He has 52k in judgements against him which he refuses to settle. If he doesn't cooperate and follow the order of court or sign the deed how can I get him out of the house and be able to sell it?


Asked on 7/02/14, 6:32 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

Generally a power of attorney would authorize transfer of documents but if not, there are likely two options when a co-owner won't cooperate: 1) enforce the underlying court order by contempt or 2) seek the appointment of a trustee to take charge of the property -- once appointed the Trustee would have legal authority to sign and take care of disbursing proceeds.

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Answered on 10/16/14, 3:21 pm


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