Legal Question in Family Law in Maryland

All of the bills including the mortgage and the home title are in my name. I have asked mu husband for divorce and he refuses to leave the house. How can I evict him from the home? Or must I simply dispose of the property?


Asked on 11/03/10, 9:54 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If you have filed for divorce, you can ask the judge to force your husband to leave the family home. Of course, your chances of success greatly improve if you hire a Maryland family law lawyer to assist you.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.******

Read more
Answered on 11/08/10, 11:36 am
Paula McGill Paula McGill Attorney at Law

Once you file for divorce, you can request that he vacate the home. However, although the home is in your name, you didn't state if he helped pay the mortgage or make home improvements that increased the value of the house.

Maryland is an equitable property state. As a result, in the divorce, he may be entitled to any value increase that can be attributed to efforts. Also, although the bills are in your name, if the bills were incurred in the marriage, he may be held liable for all or a portion of the outstanding bills.

Therefore, you should definitely consult with an attorney in your area to discuss grounds for an absolute and limited divorce.

Read more
Answered on 11/08/10, 6:44 pm
Robert Sher Wagshal and Sher

Your ability to get a court order for exclusive possession of the family home while the divorce suit is in process would depend upon whether there are minor children living in the family home. If you are granted full residential custody of them, that would be grounds for excluding your husband. If there are no children, you can of course dispose of the property since it's just in your name, but that might be difficult with him refusing to leave.

Read more
Answered on 11/10/10, 6:51 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland