Legal Question in Family Law in Maryland
Division of Money
My husband and I are still living together, but do not speak to each other. We have been married for 11 years. Have 1 son together and I have 2 children from a previous marriage. He took our passport savings account and withdraw all our $ and I have nothing. What can I do? Eventually, will he have to give me half of it? What is it about being able to stay in the house for 3 years with your children. Does he pay for the house payment also even if he leaves. If he has a bad temper and breaks things in the house, can I make him leave? What happens if I leave because he won't with the children. Do I lose the house? Thank you.
1 Answer from Attorneys
Re: Division of Money
You can leave and claim you were forced out by your husband's actions. This is called "constructive desertion". You can then file for a limited divorce (legal separation), ask for custody of your joint child, and use and possession of the marital home if you want to return. The law allows a court to award use and possession to the custodial parent during a divorce proceeding and for up to 3 years after divorce. Depending on the respective financial positions of the parties, he might be required to continue to pay the mortgage. The court will divide the marital property in an equitable manner and could take into account his taking of the money in the joint account in doing so.
If your husband is threatening or abusive to you or the children, you can file a domestic violence petition and get a very quick hearing before a judge. If the judge finds grounds to believe he's a threat to you or the children, he can be ordered out of the house for up to 1 year, and also be required to provide support.
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