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got custody, but not house

Started by toolong, Mar 03, 2005, 10:37:05 AM

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toolong

Jurisdiction is Howard County, MD.

Fiance had final ruling on custody and divorce October, 2004.  She was granted sole custody of her daughter due to her ex not communicating at all during separation, as well as he admitting that he is still angry with her after the three years of separation.

She was also granted a monetary award and a judgement against him to pay for his share of the mortgage payments on the marital home.

She was granted PL Use and Possession of the marital home in April of 2003.  In the final ruling this was extended to July 1, 2005.  This was to allow her daughter to complete the current school year.  She would really like to buy the house, as it is on her family's land (the deed was granted to them jointly, however).

Nothing else about the home is in the order.  She has sent across an offer to buy him out of the house, including paying off the judgements.  There has been no response from him.  The offer was sent in November.  The offer has been brought back up a couple times since then.

Her lawyer has stated that nothing more can be done with the court... that it is up to us to get a resolution on the house.

1.  How would you suggest resolving this?  With no responses from him, and no recourse with the court, we feel stuck.

Thanks!
-toolong

socrateaser

>1.  How would you suggest resolving this?  With no responses
>from him, and no recourse with the court, we feel stuck.

If both parties are jointly titled in the property, and the court has not made orders re its distribution, then the court retains jurisdiction to do so. File a motion with the court request that the property be listed for sale, beginning 7/1/2005, and ordering the parties to cooperate in order to obtain fair market value on sale -- price to be determined by appraisal or licensed realtor with the intent that the property sell within 180 days.

Then, if one wants to buy the other out, there will be an inscentive to make a boa fide offer and follow through before some third party takes the decision out of both parties' hands.