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I live in the state of maryland and spouse will not leave property…

I live in the state...
I live in the state of maryland and spouse will not leave property although we have a legal separation. I gave him more time thinking he would leave and he never did. I'm now refinancing home so I may put in my name - there is no money to buy him out. He is refusing to sign title so I may have in my name and he will not go through the process to get home out of my name in order for me to get a divorce. What are my options
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Answered in 16 minutes by:
9/16/2013
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,949
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.
Kirk Adams : I'll be glad to assist you.
Kirk Adams : One question - - do you have a written order directing him to vacate the property?
Customer:

we have a legal separation (almost 3 years now) bue he did not ever leave the home

Kirk Adams : Ok. Thanks.
Kirk Adams : You can divide property through a legal separation - - called a limited divorce (I assume that's what you got a few years ago).
Kirk Adams : So, if you have that, and you didn't do any property division, you could file a petition in that same case to divide the property.
Customer:

I did but he refuses to leave....am I locked into the house since I don't want my credit ruin I actually have to stay in this marriage - is this what the state of MD require since I have to be in a separate place to get a divorce?

Kirk Adams : Under Maryland law, you MUST live separate and apart in order to divorce.
Kirk Adams : But, if he refuses to leave, you could file a motion with the court and ask tha the be required to vacate under the current legal separation order.
Customer:

so since he will not leave and the only way to get a divorce is to move out with the possibility he will ruin my credit since he can't afford to pay for the home and he will not sign the papers for for him to take name off the mortgage and he will not go through the process in order for my name to be taken from the mortgage

Customer:

the separation required me to pay him monies which is not there presently from the equity as we took it out...am I still obligated to pay the monies?

Kirk Adams : IF there's a court order requiring you to pay him, then yes that money is due to him from you.
Customer:

there is no court order and he did not leave under the separation agreement - is the agreement still valid?

Customer:

I know I need to get an attorney but will I have the option to divorce?

Kirk Adams : A legal separation (called a limited divorce in MD) must be obtained by a court order, so if you didn't go to court, then the agreement isn't likely valid - - if you just made it for yourselves.
Customer:

we didn't go to court but an attorney wrote it up and we went and got it notarized - so you are stating this legal separation is not valid?

Kirk Adams : I don't think you can simply agree to this without going to court. Here's an article that verifies that: http://www.ehow.com/how_6187840_file-legal-separation-maryland.html
Kirk Adams : LEGAL SEPARATION is not an option in Maryland - - ONLY a limited divorce is allowed - - which requires a court order.
Customer:

so basically I must get an attorney and make sure I go to court in order to start process to get a divorce - o.k. thank you

Kirk Adams : Yes, thats' right.
Kirk Adams : Either way, you'll have to file for divorce under Maryland law in order to begin the process of what you're wanting to do.
Customer:

ok do you have an attorney you can recommend?

Kirk Adams : Here's a good link that outlines Maryland divorce law, grounds, etc.: http://www.mdfamilylawyer.com/mdpages/divorce/divorcerequirements.asp
Kirk Adams : The best way to find an attorney is to visit www.martindale.com and search for an attorney by area of practice and location.
Kirk Adams : When you go to the site, click on "Find a Lawyer or Law Firm" and then enter your serach criteria.
Customer:

o.k. thank you for your help

Kirk Adams : Sure - - glad to help. Please let me know if you need anything further.
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,949
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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