Legal Question in Family Law in Maryland

My husband owned a home before we were married.He refinanced it and added my name to it after our marriage because he said he wanted to insure my rights as his wife, if anything happened to him. I owned a business prior to the marriage and after he married me he began to have a problem with the business, so I tried to engage in a new career to please him.We are now separated and I am having financial problems because I am in school trying to begin a new career.I became severely depressed after he forced me away from my business.I was awarded spousal support after the separation and he is very bitter about it. I am now in need of a place to live.He does not want me to live in the property, but I have now where else to go. LEGALLY, can I move into the property,against his wishes? What if he moved into the property? Can I still move into it, and use a portion of the house until I find a place to live?


Asked on 5/14/11, 8:17 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

If your husband put you on the deed to the home, then you are have just as much legal right to occupy the home as your husband. If you are not yet divorced, the law simply requires that you live "separate and apart" for the waiting period. You may live under the same roof as your husband and still be considered separate and apart, as long as you don't sleep in the same bed or have sexual relations with him.

It sounds like you don't have a family law lawyer representing you. You should hire one immediately. If your husband was the primary earner, the Court can order your husband to pay your attorney fees.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 5/15/11, 5:01 am


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