I reside in the state of Maryland and am in the process of the required 12 month separation for divorce. I left my residence 5 months ago and have still been paying 100% of the mortgage/insurance/2nd mortgage as my wife refuses to pay even though she is residing in the home with our son. She has been threatening to vacate and today stated that she in fact is moving out of the home. The home is in both of our names and we both are gainfully employed with the government. My question is: How should I proceed if she vacates home and still refuses to pay any portion of the mortgage? Also, if she does stay in the home what action do I take to make her pay 50% of the mortgage or sell the home? Is there something I can do as far as court action to demand she pay her portion or put the home on the market for sale?
Have tried to do a marginal monthly reduction of 10% which is $132.00 which she's refused to pay. Also have offered her any proceeds the sale of the home might get upon selling.
1 Answer from Attorneys
Prior to filing for a divorce, there isn't any way to make your wife contribute directly, and you would be foolish to stop paying the mortgage if you have equity in the property to protect. In that case, the smart thing would be to put the home on the market, and if she's in fact moving out she ought to be willing to do that. If either of you files for a limited divorce while you are waiting for the 1-yr period you can also seek custody of your son (I'm assuming he's a minor) and child support. If she stays in the home as the custodian she could get an exclusive possession order while the divorce is pending and for a period thereafter, but the mortgage payment could be factored into the amount of child support you would have to pay