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Maryland Divorce Questions & Answers
1 Answer | Asked in Divorce for Maryland on
Q: What do i need to present to the law to get a divorce and the COST. Thank you Jbm
Mark Oakley
Mark Oakley
answered on Nov 27, 2022

Impossible to answer on these facts. First, I would urge you to call a divorce lawyer, and provide a few salient details: how long married; any minor children; employment income of both spouses; real property; financial assets; retirement/pension assets; abuse allegations; separated or not; have... Read more »

1 Answer | Asked in Real Estate Law and Divorce for Maryland on
Q: How can my ex husband take over the condo? He isn’t on the mortgage though! He won’t be able to refinance?

I am on the mortgage he isn’t. But we are both on the deed. What is the process of how he can take the condo from me and my name come off?

What happens if my mortgage loan is not assumable though and my mortgage doesn’t transfer to

Him?

Baltimore county signed off on... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 2, 2022

A names "comes off" property by a deed that gets recorded in Land Records. If this wasn't handled in the divorce, you may want to talk to a real estate attorney who can prepare a deed conveying to your ex.

A deed does not change who has responsibility on a mortgage, but...
Read more »

2 Answers | Asked in Divorce, Real Estate Law and Landlord - Tenant for Maryland on
Q: How can my ex husband take over the condo we bought during marriage? We are now divorced and he wants the condo now.

We are divorced, recently in fact. My name is on the loan it was easier to buy during our marriage that way. Our names are both on the deed however. I have a conventional loan through the mortgage. I believe my loan isn’t assumable?

How does it work if he wants to take over the loan? He... Read more »

Richard Sternberg
Richard Sternberg
answered on Nov 1, 2022

Your best course is to require that he refinance or that you sell the property. As long as you are on the mortgage, you are responsible for the mortgage loan and it will appear on your credit report as your debt.

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2 Answers | Asked in Foreclosure, Real Estate Law and Divorce for Maryland on
Q: If my ex husband isn’t on my mortgage but deed only can he take over my loan?

We are both on the deed. He isn’t on the loan but wants to take the condo over. I have a conventional loan only and I been researching this that this type of loan isn’t assumable. So how can he take over the loan? He can’t refinance the loan either can he?

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Most mortgages aren't assumable, so he won't be able to "take over" the loan. Refinancing is the only option. If you remain on the deed, you'll probably have to sign the mortgage (not the note), so you may talk to a real estate attorney about the option of transferring the... Read more »

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1 Answer | Asked in Divorce and Real Estate Law for Maryland on
Q: Can my ex husband who isn’t on the mortgage take over? We just got divorced

He isn’t on the loan but my name and his name is both on the deed. My name is only on the loan. How does this work if he want to take over the loan? He keeps telling me he can just take over the mortgage loan

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 1, 2022

Generally speaking someone cannot transfer ownership of property without paying off the mortgage balance in full. However, things are a bit different for a husband and wife. A federal law called the Garn St. Germain Act allows a spouse to essentially take over a mortgage for a home if they are... Read more »

1 Answer | Asked in Divorce and Child Support for Maryland on
Q: Looking for guidance on how to seek counsel and file for a legal separation vs. Divorce in Baltimore, County Maryland
Mark Oakley
Mark Oakley
answered on Oct 20, 2022

You do not "file" for legal separation. You either file for divorce (if you meet the statutory grounds), or you and your spouse can sign a marital separation and property settlement agreement that resolves all your marital rights. Alternatively, you can just sign an agreement to... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: i have filed for divorce and cannot locate my spouse. i had them served with no luck. i filed for a motion for

alternative services and they wanted me to serve one more address and i did. so now i received Order to Defer Rule 2-507 Ordered that the Motion to Defer Entry of Dismissal is granted. Ordered that dismissal be deferred for 120 days as specified, etc.

what do i do now?

Scott Scherr
Scott Scherr
answered on Oct 19, 2022

Hire a private investigator to find and serve them.

2 Answers | Asked in Real Estate Law and Divorce for Maryland on
Q: My name is only on the mortgage my ex husband is not. but we are both on the deed. He wants to buy the condo.

He wants to take over the loan but he isn’t on the mortgage. Only the deed he is on, how can he take over my mortgage and take my name off?

My mortgage isn’t assumable. It’s conventional only. How can he refinance though if he isn’t on the loan?

Daniel Staeven
Daniel Staeven
answered on Oct 18, 2022

The simple answer is that he cannot take your name off the mortgage. He needs to refinance to take your name off the mortgage. There is an old strategy whereby he can assume the mortgage but this takes the approval of the mortgage company. The mortgage company would, however, still want to keep you... Read more »

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: How do you divorce someone if you do not know where there are for years and they do not want to be found?

I am dating someone who is questionably married to someone else. He physically left the relationship due to abuse and fraud over 12 years ago and the 'wife' is nowhere to be found and has evaded divorce just after their separation by refusing to send a current address. She has since been... Read more »

Mark Oakley
Mark Oakley
answered on Oct 13, 2022

Is there a question as to whether your boyfriend is actually married? Wouldn't he know? Than can easily be verified by checking th marriage license records in the state where he had the marriage ceremony performed. He should hire a private investigator to peform a search and skip trace, and... Read more »

1 Answer | Asked in Divorce and Health Care Law for Maryland on
Q: My daughter is 18, still under my insurance. Her co-pay and uninsured procedures exceed $200. Who pays that extra bill?

I can't afford a lawyer but currently submitting on my own. I've texted my ex to no avail. I want to submit legal paperwork but unsure how to get started.

Thx

Mark Oakley
Mark Oakley
answered on Sep 21, 2022

Unless the date of service for the healthcare that resulted in the bill occurred before she turned 18 (or after she turned 18 but was still enrolled full-time in high school before completing her senior year), then the obligation to pay any deductibles and co-pays is hers alone, since she is now an... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: How do I know if my estranged husband has filled for divorce?
Mark Oakley
Mark Oakley
answered on Sep 19, 2022

If he files in Maryland, you can look up the case using the Maryland Judiciary Case Search online docket search, simply by searching for your or his name. Google it. If you suspect he filed in another state, you will have to determine whether that state has an online docket you can search. In... Read more »

1 Answer | Asked in Criminal Law and Divorce for Maryland on
Q: Can a spouse sue his wife for stealing the cell phone and m make threats to use against him in a divorce?

The wife threatenend the husband to put his proprties in her name or she will expose pictures too the public, friends ,family and even those pictures were not his but sent by others to him. No permission was given to the wife ever to use the phone .

Mark Oakley
Mark Oakley
answered on Aug 17, 2022

What you are describing could be characterized as criminal extortion by your wife, which could be the basis of having criminal charges filed against her; of course, then the contents of whatever is in the cell phone that she is threatening to expose will come into the hands of law enforcement as... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Must adultery be proven to obtain a divorce
Pawnee A. Davis
Pawnee A. Davis
answered on Aug 2, 2022

In Maryland you can get divorce without something having happened that was either spouse's fault. If you relied on adultery as the reason for getting the divorce then you would have to prove adultery and this can be difficult. However, there are other "reasons," that attorneys and... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Im planning marriage. no children. I own houses and large bank accounts. she has zero. if divorce is this protected

i trust her after dating 12 years but I was planning on a prenup and she wont sign.

Mark Oakley
Mark Oakley
answered on Jun 21, 2022

Property acquired before marriage is not subject to division as marital property in divorce, so long as you can prove the property pre-dated your marriage and was not in part paid for or contributed to with funds earned after you married, which would result in converting at least some portion of... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I live in maryland. My wife and I own a house equally. She’s pregnant with another man’s child, she wants a divorce.

I live in the state of maryland. My life went from perfect to miserable within months.

At the beginning of the year I was happily married with 2 beautiful kids in a new home equally owned between my wife and I. Fast forward to today my wife has moved in her boyfriend, she’s now pregnant... Read more »

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

Asking questions is smart, but you will not get the answers you need this way. You need to retain an experienced divorce lawyer. Property division, child custody, child support, alimony and divorce in your situation will require a comprehensive sit-down and discussion, and the various options and... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I live in Maryland. I receive a pension from my former job. Is my husband entitled to my pension?

We are not separated or divorced. I would like to know by law am I obligated to give him half of my pension in the state of maryland?

Mark Oakley
Mark Oakley
answered on Jun 10, 2022

Until a court orders you to give him any, NO. However, in the event a divorce case reaches trial before a Maryland judge, one of the issues a judge resolves is how to divide marital property in an "equitable" manner. Marital property includes pensions, to the extent you contributed and... Read more »

1 Answer | Asked in Divorce and Estate Planning for Maryland on
Q: Revocable Trust in Maryland. Amicably divorcing couple with executed Separation Agreement, waiting for court date.

co trustees currently. Issues with home being under trust and dealing with Title transfer prior to divorce being final. One spouse buying out the other. Lender wrote $500k check to name of the Trust. Bank won’t deposit in trustees personal account to complete buyout without setting up new bank... Read more »

Mark Oakley
Mark Oakley
answered on Jun 7, 2022

If the trust is the seller of the property, the sale proceeds need to be paid to the trust, not the personal account of an individual trustee. The trust then can distribute the agreed buyout amount to whomever is supposed to receive it. You will need a lawyer to look at the trust instrument and... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: If both wife support and alimony specified in a divorce agreement, which one takes effect?

An agreement has "wife support" section stating a monthly payment to wife while in the same agreement document, the "alimony" section says alimony is waived. Based on the document flow, the alimony section comes after wife support section will override the wife support section... Read more »

Mark Oakley
Mark Oakley
answered on May 22, 2022

You will need to take your agreement to a lawyer to review. It is not possible to construe the terms based on your summary description. There can be support and maintenance payments by agreement that are not treated as alimony. Alimony has a distinct meaning and set of legal rules that apply to it,... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Ex committed adultery which ended marriage. She served me for divorce but per paperwork, says she doesnt want anything.

do i need a lawyer? if so, what is a reasonable fee for just document review and possibly just representation in court?

Mark Oakley
Mark Oakley
answered on May 21, 2022

You should always consult and use a lawyer in a divorce action. Real property, retirement assets, pensions, alimony, property division, health insurance, etc., are all on the table and can be affected (gained or lost) if you do not protect yourself. The danger is in not knowing what you do not... Read more »

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