Legal Question in Family Law in Maryland

Re: Choices

If he refuses to leave then you can file for use and possession of the house which would allow you to continue to stay in the house for up to 3 years. Do you have children? If so you are more likely to receive this use and possession if you do.

Even though his name is not on the title to the house the court COULD award him a portion of the equity because in Maryland it does not matter how the house is titled. All property acquired during the marriage is marital property unless directly traceable to an inheritence, gift or property owned prior to the marriage.

I hope this helps.

Re: Choices

If the house is just in your name, you can do it on your own just be changing the locks. You could move his belongings out (taking care not to expose them to damage or theft) so that he can retrieve them. Hire a local cop (in off duty capacity) to prevent violence when your husband comes home after you do this.

If you have children, you can go to court for a "use and possession" order seeking sole possession of the house for you and the kids (assuming they're minors). If he's assaulted or threatened you, you can go to court on a domestic violence petition.