Legal Question in Family Law in Maryland

Re: Won't Leave Without a Separation Agreement

If your wife owns the home she can have you evicted. It is irrelevant that the home may be to some degree marital property, if payments were made on a mortgage or on improvements during the mariage. It is still her property and you can save a lot of unnecessary legal expense if you leave without court action. Issues concerning property in a divorce action or in negotiating a separation agreement can be dealt with more easily if you aren't also litigating an eviction, and any marital property interest you may have is not abandoned if you move out of the home.

Re: Won't Leave Without a Separation Agreement

Complicated issue. First, does she really own the house? If she acquired the house during the marriage it is marital property, regardless of how titled, unless she acquired through gift or inheritence. Even if she put a down a payment on the house from a gift or inheritence, if she continued to make mortgage payment or improved the house during the marriage she could transmute the house to marital property.

If she does indeed own it or even if she does not(i.e. it's not marital property) she could file for a "use and possession order", granting her the right to occupy the house (and possibly for you to contribute to the expense) for up to 3 years in MD.

I hope this answered your question. If not give me a call at 301-652-0663.