Legal Question in Real Estate Law in Maryland
What if husband is awol
i live in MD and have been married for over 15 years-husband walked out (cheated) 3 years ago- the home and property is in both names, i do not know where he lives, have wanted to sell the vacant lots for almost a year-he will not answer the phone, the e-mail response wasf__ you. i am a real estate agent and do not know how to get around his signature! he wont cooperate with the sale or money agreed to pay in separation papers-i am financially strapped-facing more surgeries and disability. can not afford lawyer, considering i cant make my bills now.
1 Answer from Attorneys
Re: What if husband is awol
If your husband signed an agreement ("separation papers") to sell the property and now is refusing to cooperate, you could either file for divorce or bring a breach of contract action against him. The divorce action would entitle you to seek a sale of the property even if he didn't agree to sell in the separation agreement. Of course, you will have to serve him with suit papers in either case, but could do so at his place of employment if you know where that is. If you make an initial effort to serve him at a specific location and can't do so, you can ask the court to allow service by publication in a local newspaper. In your suit, you would ask the court to appoint a trustee to sell the lots and divide the proceeds. The split could be in your favor if you've been the one maintaining the property (i.e., making any payments for mortgage, taxes, etc.).
If you income qualify, you may be entitled to legal representation at a reduced fee through the bar association in your county. Check with them for details.