My ex filed divorce and we made separation agreement but in separation agreement my ex-attorney refused to resolve marital house issue. Now we have court date for ADR. Currently my ex is living in marital house but not making any mortgage payment since over eight months and refused to move out from marital house. I need advice for following. 1. What should I do, so court can order her to pay unpaid mortgage payment? 2. How can I file another civil case against her to get reimbursement of damage of my credits and harassments from not making mortgage payments and refused to move out from marital house. Basically she messed my credits with intention, so how I can get compensation from her? Please advise. Thanks, harry
Your ADR date is coming up. that's an opportunity to settle the remaining issues and you should consider hiring an attorney to assist you. You can make a proposal to buy her out of the house. If you don't, reach an agreement, at trial, you can ask the Court to appoint a Trustee to sell the house, but that will cost you both money. You can ask the Court to transfer the house to you as part of the divorce and you can pursue contribution from her. In any case, you need an attorney to assist you wit this issue.
This answer is provided for informational purposes only. It is not offered as legal advice and does not create an attorney-client relationship between the author and the reader. The author is an attorney licensed to practice law in the State of Maryland and the article is based solely on Maryland law.
I am sorry that you seem to have had a bad experience with prior counsel. Without seeing the agreement and unless it would be possible to teach you how to be an attorney, it is not possible to answer your questions in this type of forum. You need to hire competent counsel to handle these matters for you. Trying to request credits for mortgage payments is a pretty technical and complicated issue that even a number of attorneys don't really understand. I don't suggest you handle this yourself. Montgomery County has a large number of excellent domestic attorneys and suggest you contact one of them.
Provided there are no minor children that could affect use and possession, there are many remedies. However, to have ADR you must have causes of actions pending before the Court. Most ADR attorneys are experienced and will give helpful suggestions to resolve your remaining disputes. There are several legal cases that can give you credit for the mortgage, however the terms of the Agreement control. It is also unclear if you are doing this with another attorney or my yourself. You should have an attorney.
The answer to this question is general in nature and does not create an attorney client relationship.