Legal Question in Family Law in Maryland

Living with someone while separated.

My wife moved out 29 months. We never did any legal paperwork regarding separation. I intend to start the legal process very soon. Can my girfriend move into my house without jeopardizing my legal standing? No kids - but the house is joint with the wife.


Asked on 4/23/01, 8:32 am

1 Answer from Attorneys

Lisa Lane McDevitt McDevitt Law Office

Re: Living with someone while separated.

Strictly speaking if your girlfriend moves in then your wife could actually sue for divorce based on the fault ground of adultery. Adultery would only really help her if the judge decided to take it into account when dividing up the property (i.e. the house). If convinced, the judge could order more equity to her than you based on the adultery. However, she deserted you so that is also a fault based ground to divorce which could equalize any adultery.

While I would advise you not to have your girlfriend move in until you're divorced I realize that matters of the heart have far more power over your decision than my advice. As a result most of my clients make the move anyway and then its just my job to make sure it doesn't cause you any difficulty.

If you have any questions give me a call at 301-652-0663, and congradulations for moving on!

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Answered on 6/14/01, 9:51 pm


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