Counsel Fees Contribution

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Counsel Fees

§ 7-107. Award of expenses the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding. Considerations (c) Before ordering the payment, the court shall consider:(1) the financial resources and financial needs of both parties; and (2) whether there was substantial justification for prosecuting or defending the proceeding. The court may award reimbursement for any reasonable and necessary expense that has previously been paid.

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8-214. Award of expenses
 

 
"Reasonable and necessary expense" defined
(a) In this section, "reasonable and necessary expense" includes:
 

(1) suit money;
 

(2) counsel fees; and
 
(3) costs.
 
Order to pay


(b) At any point in a proceeding under this subtitle, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding.
 
Required considerations

(c) Before ordering the payment, the court shall consider:
 
(1) the financial resources and financial needs of both parties; and
 
(2) whether there was substantial justification for prosecuting or defending the proceeding.
 
Party to pay


(d) Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.
 
Reimbursement

(e) The court may award reimbursement for any reasonable and necessary expense that has previously been paid.

 
Payment to lawyer

(f) As to any amount awarded for counsel fees, the court may:

 
(1) order that the amount awarded be paid directly to the lawyer; and
 
(2) enter judgment in favor of the lawyer.
 

 

 Contribution

A tenant in common is entitled to make claim for contribution from his or her cotenants for expenses incurred in the preservation of the common property. This rule applies to amounts paid for mortgages, taxes, or other carrying charges.

There are four exceptions that preclude contribution by co-tenant to other cotenant of jointly owned property:

(1) ouster (2) agreements to the contrary(3) payment from marital property; and (4) inequitable result

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11-110. Order to pay reasonable and necessary expenses
 

Definitions


(a)(1) In this section the following words have the meanings indicated.

 
(2) "Proceeding" includes a proceeding for:
 
(i) alimony;
 
(ii) alimony pendente lite;
 
(iii) modification of an award of alimony; and
 
(iv) enforcement of an award of alimony.
 
(3) "Reasonable and necessary expense" includes:
 
(i) suit money;
 
(ii) counsel fees; and
 
(iii) costs.
 

 
Authority of court


(b) At any point in a proceeding under this title, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding.


 
Required considerations


(c) Before ordering the payment, the court shall consider:

 
(1) the financial resources and financial needs of both parties; and
 
(2) whether there was substantial justification for prosecuting or defending the proceeding.
 

 
Required findings


(d) Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.


 
Expenses paid previously


(e) The court may award reimbursement for any reasonable and necessary expense that has previously been paid.


 
Counsel fees


(f) As to any amount awarded for counsel fees, the court may:

 
(1) order that the amount awarded be paid directly to the lawyer; and
 
(2) enter judgment in favor of the lawyer.
 

 
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