Legal Question in Family Law in Maryland

Breaking in to the marital home - and get arrested

You would be breaking and entering, and subject to arrest by the police. Once husband left the marital home and the wife changed the locks, he needs her permission to re enter. If she refuses, he must go to court and get a court order. An attorney, like myself, can assist him in this matter.

Re: Breaking in to the marital home

You have not explained what the circumstances were that resulted in your friend and his wife living separate. If he was removed from the home by the court as a result of a protective order, the answer I am about to give is not valid. To enter the home in violation of a protective order would most likely result in jail time. Other than that, as your friend is an owner of the marital home, he can, perfectly legally, break in to retrieve his property. I notice that another lawyer has given you a different answer, but unless your friend has agreed in a written contract or lease to stay out of the home, he has a right to enter it (of course he does not have a right to remove any property which is not his). I would suggest that your friend notify the police in advance of his intentions rather than wait for them to answer an alarm. He should show them the evidence that he is an owner of the property and explain the situation. Sometimes police officers have their own misunderstandings of the law, and it is possible that he might be told not to enter the home, in which case I would suggest that you retain a lawyer in your area to discuss the situation with the police and explain to them what your rights are.