Legal Question in Family Law in Maryland

desertion

My husband has been gone for over a month now. Do I have the right to keep him out and change the locks? My basement flooded and I had to take care of it. The insurance injuster came out and is sending a check in my husbands name only. Can I sign his name and cash it to pay the all the bills he stopped paying and feed my children. He has left us destitute.


Asked on 1/05/08, 11:18 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: desertion

If your name is on the deed you should insist on the insurance check being made out jointly. Then you could endorse it into a joint account if you have one and draw against it. You can also file a limited divorce action based on his desertion of the family. With that petition you can ask the court to award you exclusive use and possession of the family home, which would exclude him. You will also have to ask for child support payable during the case, which you could collect through his job if he is employed. All of this assumes the children you mentioned are both of yours. As you should realize by now you need immediate assistance from a family attorney who knows how to prepare and file the necessary papers and represent your interests. Contact the local bar association in your county and inquire about their pro bono program. If you qualify financially, you would be entitled to a free attorney.

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Answered on 1/07/08, 11:09 am


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