Legal Question in Family Law in Maryland

Divorce and marital property

I am going to be filing for divorce from my husband, 2 children together, and my other 2 kids reside in the home. I do licensed daycare in the home. He refuses to leave to make it easier. What are the chances he will get the residence in court once I file papers?


Asked on 4/14/09, 9:37 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Divorce and marital property

First of all, you need grounds for divorce. If the 2 of you are physically occupying separate areas of the house and there is no cohabitation, you can claim desertion or constructive desertion by him, depending on who moved out of the marital bedroom. If this has been ongoing for at least a year, you can seek a final divorce; otherwise it would be a limited divorce until the year is up. In your petition you would ask for custody of the childen (assuming they're under 18) and exclusive use of the family home. If that's granted, he'll have to move out.

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Answered on 4/14/09, 11:10 am


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