QUESTION

My wife has asked for a divorce, I am on the deed to the home but not the mortgage. She wants me to move out?

Asked on May 25th, 2020 on Divorce - Maryland
More details to this question:
I am in the middle of a hip and knee replacement, I feel during our marriage and broke 4 transfer processes in my spine, since I'm on the deed to the home and not mortgage, and she wants divorce, can I ask her to leave and make her pay mortgage during separation?
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1 ANSWER

Criminal Law Attorney serving Hampstead, MD at Law Office of Joseph E. Ashley
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She can not force you to move out becuase your name is on the deed.  However, that may not prevent here from being able to have you removed if she can convice a court that you are a domesitc abuser or the court (if you have minor children in common) awards her use and posseion of the home.  However, a use an posseion order is not nornally granted until after a formal complaint for divorce is filed with the court and several months have passed.  In granting such orders, the court considers all the issues raised by the parties, but often ends up grant use and possession fo the home to which ever parties is also awarded temporary custody of the children.  Such orders are temporary but can last up to 3 years from the date a divoce is actually granted.  Who ends up payng for the mortgae and the utilities is also an issue the court will often decide based upon the equites and the parties ability to contribute to such expenses.
Answered on Jun 10th, 2020 at 5:10 PM

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