Legal Question in Family Law in Maryland

Making husband leave

I have told my husband I want a divorce and he has agreed but will not leave the house. How do I get him out. FYI - My son and I own the house.


Asked on 1/06/07, 10:23 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Making husband leave

If you have any children under 18, you can request exclusive possession of the house through a divorce and custody proceeding. But you should also be aware that the house may partially be marital property if you've been paying a mortgage with earned income. This is because earned income is marital property, so if it's used to pay off a mortgage and thereby increase the equity in the property, that establishes a marital component that may entitle him a share of the value of the house.

You should try to work out an agreement with him that contains a provision that he vacate the premises.

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Answered on 1/08/07, 10:38 am


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