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  1. #1

    Default Ex- Won't Pay Spousal Support and We Still Have Joint Property

    My question involves a marriage in the state of: Maryland

    I have a signed and notarized Separation agreement on file with the Court in Maryland, whereas my ex-husband agreed to pay support from the date of separation until two years past the date of divorce. In addition to paying me a weekly fixed amount, he also agreed to help repair the property to be sold and give me my share of back-pay from his employer. This was 12/19/08 and as early as 2/20/09, he was withholding funds and as of 7/1/09, ceased making all payments.

    He left me with an enourmous amount of debt, including a heavily mortgaged house and credit card debt in my name. Since our separation/divorce, he has lost his job and defaulted on all his credit cards. He is a deadbeat in all sense of the word.

    1) Can any of his creditors put a lien on the house? His name is still on the mortgage since I was unable to afford to refinance the heavily indebted property on my own.

    2) Can he force a sale on the house?

    3) If he files bankruptcy, how will it effect the house?

    I am contemplating a "pro se" lawsuit for breach of contract against him. While I have had the loan modified under the Making Home Affordable Program and can now pay on my own, I want the monies owed me.

  2. #2
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    Default Re: Ex- Won't Pay Spousal Support and We Still Have Joint Property

    1. His name being on the mortgage will not enable his creditors to impose a lien. What matters is whether or not he's on the deed.

    2. If the judgment requires the house to be sold and it has not yet been sold, then he can try to enforce the provisions pertaining to sale. You could, in turn, attempt to claim money he owes you from his share of any equity.

    3. "It depends". What does the mortgage contract say about the lender's remedies in the event of bankruptcy? Would you qualify for the mortgage based on your own income and credit?

  3. #3

    Default Re: Ex- Won't Pay Spousal Support and We Still Have Joint Property

    Thanks!

    1) He is still on the deed. I believe this is what a quit cliam deed is for even though it wilnot remove him form the mortgage.
    2) According to the separation agreement, the house is to be sold intwo years after the divorce and when the spousal support is to end. I believe I am not compelled to sell the house if he has not upheld his end of the bargain
    3) I don't know that I would qualify for a mortgage on my own. The house is heavily mortgaged and the divorce dinged my credit. These are questions I need to ask.

    I don't think he cares what I do with the house. He has ceased all communications and I don't know where he is living. I do have contact information through his brother, but it all seems for naught on my part.

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