Legal Question in Family Law in Maryland

separation - selling the house

Your wife cannot sell the house without you signing the deed, since your name is currently on the deed. However, now is the time to consult a family law attorney, such as myself, before things get worse.

Re: separation

As a joint owner of the house, it can't be sold without your consent. No realtor would even list the house for sale unless you both signed a listing agreement. If your wife moves out without your consent, that would constitute desertion and give you grounds to file for divorce. If you chose to do so, and you wanted to fight her for custody of the children, you could do that as part of the divorce case. Whoever gets custody would be entitled to receive child support from the other parent.

If you have come to the decision that the marriage can't be saved, it would be best to try and negotiate a separation agreement with your wife. That agreement would resolve all issues regarding the children, disposition of marital property, and alimony. Of course, you shouldn't try to do this without first consulting a family law attorney who is experienced in these kinds of matters.