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File divorce while living together

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jhopkinsbsn

Junior Member
What is the name of your state (only U.S. law)? Maryland
How can I file a divorce while still living in the same house with my husband? we have been sleeping in seperate rooms for the past 3 years, we have no kind of relationship except to discuss the bills as in "this is your half to pay" we do noting together. I bought my house 4 years before i met my husband, we refi. 3 years ago and he got the loan in his name, now he wants his name off the loan before he gets out of the house, but I am having a hard time to refi. since my credit's not so good and my debt to income ratio is somewhat high. Can I get a divorce while sharing the same house, I know in Maryland we have to be legally seperated for I think at least a year. How can I get out of this?:confused:(
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Maryland
How can I file a divorce while still living in the same house with my husband? we have been sleeping in seperate rooms for the past 3 years, we have no kind of relationship except to discuss the bills as in "this is your half to pay" we do noting together. I bought my house 4 years before i met my husband, we refi. 3 years ago and he got the loan in his name, now he wants his name off the loan before he gets out of the house, but I am having a hard time to refi. since my credit's not so good and my debt to income ratio is somewhat high. Can I get a divorce while sharing the same house, I know in Maryland we have to be legally seperated for I think at least a year. How can I get out of this?:confused:(
There are grounds for divorce which would not require a 12 month separation:
Choosing Grounds for Divorce in Maryland

The house is going to be a problem. If you can't afford to refi in your name, you may not be able to keep it. However, if you want to try, the process is to file for divorce if you have any grounds. If not, then one of you has to move out and if he won't do it, that means you. Then, after 12 months, you can file for divorce.

In either case, you can ask for possession of the marital home, but it will only be granted if you can afford to keep it. If you get possession of the home, your ex will probably insist that you refinance it in your name. If you can't, then you're going to have to sell the house.
 

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