Legal Question in Family Law in Maryland

Separation Agreement

I have a Separation and Property Settlement Agreement that my husband and I signed in 2004. Since that date we lived together again but never changed anything in that Agreement. Is it still a binding Agreement? If so, his name is the only one on the house and we are separating again. What are my options for living there and/or leaving the house?


Asked on 3/12/07, 1:00 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Separation Agreement

Without having seen the agreement, I assume that once you resumed cohabitation, you stopped following the requirements of the agreement. Under those circumstances, the agreement is probably no longer binding, but it could be renewed if you both agree to do so.

As far as the house is concerned, if it was bought and fully paid for before you got married, you have to legal interest in the property. Otherwise, you may have a marital interest that could be negotiated in an agreement or awarded by a divorce court. Unless you have minor children in the house and the court grants you sole custody, the court can't grant you the right to stay in the house and force your husband to leave. You'll have to try and negotiate that with him.

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Answered on 3/12/07, 2:02 pm


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