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young pip

Junior Member
Hello All,

I reside in Maryland and I need some advice. My ex-wife and I recently finalized our divorce. During the previous year she obtained a use and possession order on the family home. The order indicated that it would be in effect until the final disposition of the marriage and I was responsible for paying the rent. The divorce became final on jul 1. The judge awarded me the house and stated that I should begin paying child support on that day. My ex stated that she would leave at the end of the month. I feel that she should pay fair market value for the month she will be staying. I do not believe she is going to leave at the end of the month. Do you think I am going to have to evict her? Do I need to provide her with a 30-day notice to vacate? Help please

Thanks
 


weenor

Senior Member
Was there a date in the order that she was to be out? If she goes past that time file contempt petition. However, if there is no date....you can file for contempt after a reasonable time as passed, but you may or may not get the rule ni si order (contempt) you are seeking. Try to get something in writing...i.e. send her a letter stating that it is my understanding that you will be moving out at the end of the month, if my understanding is in error, please contact me immediately...that will help support any motions down the road.

As far as eviction, contact a lawyer in your area (family law) to determine if she could be deemed a tenant and if eviction proceedings are necessary. Chances are that your order is new enough that your remedy is in domestic relations court.
 

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