Legal Question in Family Law in Maryland
Marital Residence
What are the legal rights of a person who had property prior to getting married with only that person's name on the deed to the property. In particular, what rights does the person have whose name is not on the property in terms of staying in the residence, if the person owning the property wants them to leave. These individuals are legally married, less than one year.
2 Answers from Attorneys
Re: Marital Residence
The spouse who owns no interest in the marital home, if there are no children of the marriage living there, has no legal right to remain if the spouse who owns the property orders him or her to leave. If the parties have a child, there may be some circumstances which could result in the non-owner remaining in the home with the owner ordered to leave. The owner might be ordered to leave if the owner has committed acts of domestic violence, or threats of violence, against the spouse or the child and the innocent spouse obtains a protective order.
Re: Marital Residence
Property that pre-dates the marriage and was never occupied in marital relations is not a marital asset unless conveyed to the marriage. Presummedly you did not convey the property to the marriage and thereby have certain rights. These rights, however, may have been compromised by a prior action that you made. Re-taking possession of the property appears to be your objective and you should contact an attorney.
G. Joseph Holthaus (410) 799-9002 (leave message if I am unavailable).
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