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.
1 Answer from Attorneys
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.