spouse won't vacate

[bigheadjackson]

What is the name of your state (only U.S. law)?
MD.
My daughter in Maryland is divorcing her husband of 3 yrs. I live in Las Vegas and paid for her lawyer. No children, no property. She completely moved from the rented home in December 08 and is staying with friends. Her soon to be ex is still living there.The utilities are in her name and she pays them. She contributes to the rent. He refuses to leave. The property mgr. said that to have her name removed from the lease, he would have to qualify to rent on his own, which he cannot do. She does not want her credit ruined by this idiot and feels trapped. Her atty. has the divorce agreement ready to be signed. He's said he will sue her for abandonment; says he is unable to function. However, many mutial friends have seen him out and about, even bowling, so there goes that idea..right? Here are my questions: How can she have him removed from the property; should a constable serve the divorce papers; what happens if he refuses to sign the documents; can she have the utilities disconnected leaving him to reconnect should he continue to stay?

 

[Ohiogal]

What is the name of your state (only U.S. law)?
MD.
My daughter in Maryland is divorcing her husband of 3 yrs. I live in Las Vegas and paid for her lawyer. No children, no property. She completely moved from the rented home in December 08 and is staying with friends. Her soon to be ex is still living there.The utilities are in her name and she pays them. She contributes to the rent. He refuses to leave. The property mgr. said that to have her name removed from the lease, he would have to qualify to rent on his own, which he cannot do. She does not want her credit ruined by this idiot and feels trapped. Her atty. has the divorce agreement ready to be signed. He's said he will sue her for abandonment; says he is unable to function. However, many mutial friends have seen him out and about, even bowling, so there goes that idea..right? Here are my questions: How can she have him removed from the property; should a constable serve the divorce papers; what happens if he refuses to sign the documents; can she have the utilities disconnected leaving him to reconnect should he continue to stay?

Her soon to be ex doesn't have to vacate the marital property without a court order. NOR does she. She has a contractual obligation to the apartment and needs to pay the rent. The only way the divorce agreement works is if hubby AGREES with it. If not then the divorce is contested and she needs to file as such. And she shouldn't consider getting the utilities disconnected unless she has the court's permission to do so. Her lease may require her to keep the utilities on.

 

[LdiJ]

Her soon to be ex doesn't have to vacate the marital property without a court order. NOR does she. She has a contractual obligation to the apartment and needs to pay the rent. The only way the divorce agreement works is if hubby AGREES with it. If not then the divorce is contested and she needs to file as such. And she shouldn't consider getting the utilities disconnected unless she has the court's permission to do so. Her lease may require her to keep the utilities on.

I agree, however, if she is on a month to month rental or her lease is expiring she can certainly give official notice to her landlord. She is not locked into renting the apartment forever.

 

[bigheadjackson]

MD. I have many questions:
How does she go about getting permission from the court to disconnect utilities? Is this something her divorce lawyer can do? Can her spouse contest the agreement even tho' he hasn't retained counsel? How can he even contest something he refuses to read? Should she have him served by a constable/process server? Thanks for all your help.

 

[mistoffolees]

MD. I have many questions:
How does she go about getting permission from the court to disconnect utilities? Is this something her divorce lawyer can do? Can her spouse contest the agreement even tho' he hasn't retained counsel? How can he even contest something he refuses to read? Should she have him served by a constable/process server? Thanks for all your help.

Her attorney should be handling this. He can petition the court to have her name removed from the utilities. In addition, she can petition the court to have him take over responsibility for the rent. That won't get her off the hook with the landlord if stbx refuses to pay, but it would allow her to file for contempt if he doesn't pay.

She will need to have him served with the papers according to local court rules. Once she does that, if he refuses to read, it's his problem, not hers. If he chooses to read it and wants to contest it, he is free to do so whether he has an attorney or not.