Legal Question in Family Law in Maryland

Enforcing terms set aside in separation agreement

I am divorced and remarried. In the separation papers signed by both my ex-husband and I, he agreed to sell or re-finance the house (that was in both of our names) within 18 months of our signing the papers. The divorce has proceeded since then and the separation papers were included in that divorce. The time period of 18 months has since passed and my ex-husband refuses to return my phone calls regarding what actions (if any) he is taking to follow up on the agreement he signed. How can I ensure that he does, in fact, abide by the agreement by selling the house or re-financing in the time determined? Is there legal recourse I could take that would not cost me any money?


Asked on 7/31/01, 2:03 pm

1 Answer from Attorneys
Thomas McCarthy, Sr. Thomas McCarthy, Sr., Esq., P.C.

Re: Enforcing terms set aside in separation agreement

Assuming that the separation agreement has been merged into or incorporated into the divorce decree, you can file a petition for an Order to Show Cause why your ex-husband should not be held in comtempt. If he has not complied with the decvree, he will be ordered to do so. If he fails to do so, he can be incarcerated.

If the agreement has not been merged, or incorporated, you can sue your ex husband in contract, and get an order for specific performance, or damages.

If you suceed in the comtempt proceedingm yiou have a good chance of being awarded attorney's fees. You may also get fees in a contract action.

I shoouild point out that this reply has been provided without benefot of reading the agreement. Rule 1 - when all else fails, read the contract.

Good luck.

Tom McCarthy, Annapolis, Md.

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Answered on 7/31/01, 6:06 pm


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