hiccup
recently joined
Reged: 10/02/05
Posts: 8
|
|
New here from MD. Currently separated and both wife and I moved out of our home with intention to sell. I agreed to have her find a realtor. We also had verbal agreement that she takes care of the mortgage since she has all the cash (not in bank account) and I do not. However, she has not found a realtor yet. Plus, I do not know where she is and have no contact method other than email, which she hasn't replied to me. Going pro se with divorce proceedings so would appreciate route to take care of issues myself instead of hiring an attorney. Willing to hire detective/investigator.
1. Am I responsible for at least half of the current mortgage? Even though we had verbal agreement she take care of the mortgage? No agreement that I would pay or not pay her half afterwards.
2. How can I get a court order to sell the house asap, preferably with a court appointed realtor? Is there a form specific for MD?
|
Pete
member
Reged: 12/30/04
Posts: 132
|
|
This seems very familiar, but has some critical details left out from the other post on the same topic.
Bottom line, legally speaking if your name is on the mortgage, you are responsible for 100% of them mortgage (if unpaid), same as she is. Therefore by extension, you can be held accountable for your half (if she is not paying it).
Verbal agreements are absolutely meaningless. Get the order to sell the home memorialized in a court order by filing a motion to compel sale of the home. Once ordered by the court, she will have to comply.
--------------------
Integrity is doing the right thing when no one is looking.
|
hiccup
recently joined
Reged: 10/02/05
Posts: 8
|
|
Home is in both our names. But other home related bills are in my name. So would the court divide the bills like the mortgage? I hope so.
Any idea what form I need for MD? Gonna go visit the circuit court tomorrow.
Oh, another thing. I don't know where she is. I have no way of contacting other than email, which she won't reply. I will invest in an investigator to locate her. I also have the option of public notice in newspapers.
Thanks.
Edited by hiccup (10/02/05 08:39 PM)
|
Pete
member
Reged: 12/30/04
Posts: 132
|
|
The people owed money only care about the name on the account. How court handles it depends on how well you can present that her funds were used previous to the separation to pay all bills, including the mortgage.
I am not sure there is a specific form, but you can possibly get help from one of the clerks in pointing you in the right direction. For a motion, you need to follow a certain format, but bottom line is you make a motion to compel sale and cite your reasons why the motion should be granted in your favor. A hearing would be scheduled for argument...if defendant does not show up (but has been effectively served) than you win by default.
--------------------
Integrity is doing the right thing when no one is looking.
|
hiccup
recently joined
Reged: 10/02/05
Posts: 8
|
|
I am paying the small bills, wife is paying mortgage.
What does it mean when you say I win by default? If wife does not show for hearing, by court order I can list the house for sale without her signature on the listing contract? The house is in both our names. And thus I can accept any reasonable offer made without her interferring? That would be great.
Thanks Pete.
|
Pete
member
Reged: 12/30/04
Posts: 132
|
|
It means that you will get the orders as you request them. namely, compelling her to sign via a court order. You would still have to find her to have her execute the paperwork on the home, but if she does not sign, she will be in contempt.
--------------------
Integrity is doing the right thing when no one is looking.
|
hiccup
recently joined
Reged: 10/02/05
Posts: 8
|
|
Talked with pro se advisor at circuit court. I guess for MD, there is no such thing as court order to "force" sell of house before ruling on divorce.
But at least I don't have to wait 1 or 2 years since my case is for absolute divorce.
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
