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What can I do about the family home?
Anonymous2 views3 answers
I went to court for limited divorce, it was denied, but I (mother) was granted sole legal/physical custody and child support, not use and possession of home. Husband won't move voluntarily and because his name is not on the mortgage, he refuses to pay the mortgage, he said I should pay it. he will stay there until decision in absolute divorce or they foreclose on the house. Loans in my name, but my son and I had to move, what can I do???
I believe by "limited divorce" you are referring to the entry of a "limited judgment" and by "absolute divorce" you are referring to the entry of a "general judgment." What you need to do is to set up a consulation with an experienced domestic relations attorney and bring all of your paper work with you. Much of what you are saying needs clarification. By "I had to move" do you mean that the judge, after a hearing, ordered that, pending trial, your husband gets the exclusive use of the house? Or, do you mean something else? Please contact an attorney ASAP so you can sort this out.
Without seeing the pleadings and seeing what you asked for, it is difficult to answer your question. If you have been separated for more than one year, under the new Maryland divorce statute you can file for an absolute divorce and ask for use and possession. I take it the deed is in your joint names and the note is in your sole name because of credit reasons.
You need to meet with an experienced divorce lawyer to map out a strategy to move forward and explain your options.
I would require more information and a review of the pleadings. I will assume you have not been separated for more than one year. I will also assume that you have not been granted use and possession of the marital home. And I will assume that you moved out to keep the grounds based upon a one year separation. You have limited options. you either move back in or you continue to pay the mortgage and hope that the court grants you credit for all payments at final divorce hearing as part of a judgment for a marital property award.
