Legal Question in Family Law in Maryland

Interesting Housing situation with Wife

Hello, I've recently decided (for good reason) to separate with my wife. My wife and I have 2 children in common (5 years old and 7 years old), and I also have an older son (10 years old) from a previous relationship of mine. I have custody of him 65% of the time. My wife and I live in a house that is owned by my Father. We do not pay my father rent, or have any rental agreement. We just cover the bills and the property tax every year.

My wife and I got into a fight, and she hit me, I called the police, and filed assault charges against her. She filed an emergency protective order against me, and took our kids and went to live somewhere else until the court date. I'm going to the protective order hearing tommorow, and I know that she is going to ask for the house. Do she have any legal basis to do this?

Points to consider:

- My Father owns the house and does not want her living there.

- There is no rental agrement

- If she got possesion of the house, it would put myself and my oldest son out. Can a judge do that?


Asked on 2/19/07, 10:56 am

1 Answer from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Re: Interesting Housing situation with Wife

In the absence of a lease, I don't believe a judge can award her use and possession of the house, but that's not to say that it won't happen. Be prepared to explain the living arrangements to the judge.

If the judge grants the order, he/she may award emergency family maintenance in lieu of use and possession in order to ensure that the children have a place to live.

If you disagree with what the judge orders, you can file an appeal to the Circuit Court (assuming that tomorrow's hearing is in District Court). The appeal would result in a new hearing.

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Answered on 2/19/07, 12:55 pm


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