Legal Question in Real Estate Law in Maryland
Is it legal for my ex wife who is living in the marital home (which she refuses to sell even though there is an order for her to do so) to have her boyfriend move in and pay her rent without splitting it with me? He moved all his belongings into the house and it's now impossible to list and put on the market due to his being there and all the extra clutter, can i have him removed?
1 Answer from Attorneys
If she is paying the mortgage, she's probably entitled to defray the cost through his rent contribution. But in refusing to put the house on the market, she is clearly in violation of the court order, and you need to file an Order to Show Cause asking the court to demonstrate why she shouldn't be held in contempt for refusing to cooperate in the sale of the home. You can ask the court to appoint a trustee to sell it if she refuses to sign a listing agreement. I would also ask the court to order that the cost of appointing a trustee be taken from her share of the sales proceeds if there is equity in the property. I suspect that if the judge does that, she'll decide to be more cooperative. You can also ask that the boyfriend be removed if you can demonstrate that his presence is a deterrence to selling the property. Unfortunately, if she's still there she's likely to do whatever she can to hinder a possible sale by how she maintains the property, etc.