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
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.
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.
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
My wife is not co-operating. Do I need a lawyer? Do I need to talk to police? I don't want to lose my belongings.
answered on Jun 28, 2023
Make a motion in your divorce case for leave to get your personal items.
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?
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
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... View More
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... View More
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
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... View More
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... View More
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 .
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... View More
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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... View More
i trust her after dating 12 years but I was planning on a prenup and she wont sign.
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... View More
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... View More
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... View More
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?
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... View More
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... View More
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... View More
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... View More
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,... View More
do i need a lawyer? if so, what is a reasonable fee for just document review and possibly just representation in court?
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... View More
I'm in the process of applying for a divorce. My wife received a temporary protective order against me based on her false statement that i threatened her life on three separate occassions. At the court proceedings the judge issued a 12 month permanent order based on my wife's statement.
answered on Apr 4, 2022
You do not state whether this was a separate court case from the divorce proceeding (e.g., a Petition for Protection from Domestic Violence under its own case number) or whether this 12 month protective order was issued in the divorce action under the divorce case number. The process you would... View More
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