Legal Question in Family Law in Maryland
forced out of my house
my husband wants me to pack my things and be out of our house in thirty days. he wants to be separated. he has said to me that his name is on the deed not mine and he wants me gone. what legal rights do i have to stay in my home even though my name is not on the deed . what can i to stop him from putting me out of my house.
3 Answers from Attorneys
forced out of my house
If there are minor children, you can file a petition in Court for use and possession of the family home. The Court could order you remain in the home and your husband still contribute to the mortgage.
Re: forced out of my house
If you have minor children who reside in the marital home, a Court could award you use and possession of the home for up to three years from the date of the divorce. Your husband could be ordered to pay child support, spousal support, and help with maintaing the home, e.g. mortgage, etc.
With no children, the answer is less clear. I assume there is no written agreement with your husband regarding your living in the home I have seen the courts treat this as a landlord/tenant type situation and allow your husband to evict you AFTER 30 days' notice to you AND a court hearing. Other judges view this as a marital issue better left to a divorce court to decide and refuse the eviction. You did not say whether or not you want to end the marriage. This would make a big difference as to how to handle this situation. Interestingly, even though you name is not on the deed, it is likely the court could treat some portion of the home as marital property in which you would have an interest.In other words, your husband may want to "buy out" your interest even though your name is not on the deed.
Re: forced out of my house
Do not leave the house!Get a lawyer immediately! Contact me directly if you would like help with this matter.