Legal Question in Family Law in Maryland

gettin rid of yur husband

I want to separate from my husband.

What kind of written notice must I give him?

The house i own was rchased befor the marriage.

Can i follow a 30 notice to vacate policy?


Asked on 10/27/03, 8:35 am

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: gettin rid of yur husband

You can tell him to leave (it would be best to put it in writing, but not necessary). He has no lease, so the thirty days is not relevant, but it would be reasonable to give him a few days to find a place to go. If he refuses to leave you can have the locks changed while he is out of the house, and he will have no legal right to force his way in. If you do that, you should first remove his personal property to a location where he can get it. Any legal issues regarding his right to any of the contents of your home, or to a marital property interest in your home as a result of any mortgage payments or improvements made during your marriage, will be dealt with when one of you files for a divorce.

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Answered on 10/29/03, 11:06 am
Robert Sher Wagshal and Sher

Re: gettin rid of yur husband

Your husband is not your landlord and therefore there's no 30-day notice requirement. Just ask him to leave as soon as possible. If he refuses, then you face court action.

You say you owned the home before the marriage, but if you're still paying a mortgage, he legally has acquired a certain equity interest in the property. This is because your mortgage payments, presumably being made from earned income (it doesn't matter whose), reduce the mortgage balance and therefore increase the equity in the property. This is not to suggest that he has a 50/50 interest. A lot more information would have to be provided before your respective interests in the property can be determined.

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Answered on 10/27/03, 11:07 am


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