
answered on Aug 4, 2023
I see you're in Edgewater, MD. Although I'm a <a href="https://www.ostendorflaw.com/practice_areas/maryland-divorce-lawyer.php">divorce lawyer in Baltimore County</a>, I can provide some general guidance on this issue as it's a common question that often arises... View More
I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland?

answered on Jul 12, 2023
You need a lawyer to review the jurisdictional issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been codified in both CA and MD (and every other state, I believe) and there must be a hearing first to determine which state court will hear the case and exercise jurisdiction... View More
I filed for divorce in Pennsylvania. My ex and i lived there during the marriage. We separated, i moved to Maryland and filed for divorce in Pennsylvania My spouse claimed she wasn't properly served. My attorney sent the divorce papers certified mail. My ex responded, we signed a marital... View More

answered on Jul 2, 2023
Who cares where you get divorced? You have a signed separation and property settlement agreement which I assume resolves all issues between you, so why expend time and money arguing over which court to get the divorce judgment from? If both parties voluntarily participate in one of the divorce... View More
It has already been appealed but the majority of the evidence found after the fact.

answered on Jul 1, 2023
An appeal from the circuit court goes first to the Appellate Court of Maryland (formerly called Court of Special Appeals). Although the Supreme Court of Maryland (formerly the Court of Appeals) has the discretion to take jurisdiction over an appeal pending before the Appellate Court, it rarely does... View More
I'm facing homelessness in 2 months. I don't have a car and can't get a job without one. I severely broke my ankle in 2016 and had complications after my first surgery that led to a second surgery. Complications have continued and limit me to not being able to be on my feet for more... View More

answered on Mar 9, 2023
"Can" you file for alimony? Yes. Will a court award you alimony? Not enough facts to evaluate that claim. 7 years separation with no contact will not help, but is not determinative. Length of marriage prior to separation, total length of marriage including period of separation,... View More
Are there any photographs of properly bound briefs, so that I know how to conform to what is expected? Maryland Rules do not go into sufficient detail.
I have been forced to be a Pro Se defendant, in appealing to the Appellate Court of MD. My wife, a former attorney, has successfully... View More

answered on Mar 6, 2023
The brief should be "spiral bound" along the left margin. Staples are not accepted. Any quality copy center or brief printer should be able to help you. And if you are the appellant--the brief cover must be yellow, as well as the record extract. The brief should be printed on ONLY one... View More
We got married in 2004 & unbeknownst to me we were living in section 8 housing & she was using her maiden name to obtain benefits

answered on Feb 25, 2023
You need to be careful about how you use or report this information. You benefited financially from this fraud, by way of subsidized housing. How do you explain having such low housing expense all those years, without knowing the reason for it? If you received a benefit you were not entitled to,... View More

answered on Feb 17, 2023
By a court, no:
Family Law Code 8-103:
(b) The court may modify any provision of a deed, agreement, or settlement with respect to spousal support executed on or after January 1, 1976, regardless of how the provision is stated, unless there is a provision that specifically states... View More
Could the judge do anything about the bank coming after me for the car loan?

answered on Feb 2, 2023
As a co-signer, you owe the full balance of the loan. Your husband's actions are no defense. If both you and your husband are co-defendants in a lawsuit, you can file a cross-claim against your husband if your arrangement was that he was to pay for the whole loan, and then you'd have a... View More

answered on Jan 17, 2023
You can file a motion to (1) hold your ex in conempt of the court order to pay the full child support amount, and (2) enforce the child support order. You will need to list the total amounts over the time period he should have paid, and th amounts he actually paid, to support your motion. If you... View More

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... View More
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... View More

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... View More
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

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... View More
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?

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... View More
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?

answered on Nov 11, 2022
The general rule that mortgages are not assumable does not usually apply to situations where a spouse is getting a home. There is a specific federal law that allows a husband or wife to continue paying the mortgage in the ordinary course. To get more details you could contact an experienced... View More
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... View More

answered on Nov 1, 2022
If you wish to remove your name from the underlying note, he must refinance. Period. "Taking over" often means he promises to make your payments, without changing the terms of the note and deed of trust. That must means you remain exposed when he misses a payment.
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... View More

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.

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... View More
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?

answered on Nov 11, 2022
This question (or some variation of it) gets asked a lot.
The GENERAL rule is that a mortgage is not assumable. However, a federal law changes how the general rule applies in certain family situations involving residential property. When a home is transferred to a husband or wife, the... View More
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?

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... View More
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