Legal Question in Family Law in Maryland

right of entry to house?

I am separated (no sep. agreement), almost 6 months. Spouse has legal address in D.C. We agreed to a divorce when residency requirements are met for her (6 months in D.C.). I let her enter my house 2 weeks ago (she had a key) to move out her things to her new apartment; she left 2 pieces of furniture, with no communication that she was coming back for them. I changed my locks 1 day after she got her stuff and notified her that I had done so. 3 days ago she broke into my house through the window, it appears she took only her things. I filed a police report but am deferring pressing charges. I also sent her a certified letter 2 days ago informing her that she left 2 items belonging to her, and that I left it outside for her to pick up; and that if she still thinks she has any of her things in my house we can arrange to get them to her without having to force entry to the house.

I am sole owner of the house, before the marriage and after. We have a prenup stating that all property before marriage remains to its respective owner.

My question is: Does she have any legal right of entry to my house now that a) we are living separately and legally apart and b) none of her possesions remain in my house.


Asked on 1/29/05, 8:50 pm

3 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: right of entry to house?

Under the facts you present, your spouse illegally broke into your house. Your prenup served to prevent her from obtaining any ownership interest, and she no longer has any right of entry since she's established residency elsewhere.

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Answered on 1/30/05, 5:08 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: right of entry to house?

It appears that you should be filing for divorce. As owner of property before marriage you may have a superior position. Titling comes into play as well as other factors. Speak to an attorney.

As you know property matters are considered through divorce. I am available to assist you with enforcement of your prenuptual agreement and with prosecuting your divorce. Contact me at (410) 750-2567.

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Answered on 1/29/05, 10:25 pm
Carolyn Press Chung & Press. P.C.

Re: right of entry to house?

Your wife does not have any right to enter your home without an invitation, and certainly no right to break in, based on the facts you have given.

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Answered on 1/31/05, 9:22 am


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