Legal Question in Family Law in Maryland

My spouse and I live at different addresses. I own the living quarters he lives in before marriage. I purchased a new dwelling 6 years ago. However my spouse refuses to live at the new home . He only visits me at the new home. I would like to sell or rent oout the old quarters Therefore my spouse needs to move in the new location or vacate the old primises.


Asked on 3/18/10, 10:31 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You have a strange marriage. Since you didn't mention it, I'll assume you don't have any joint children living under his custody. You have every right to sell the premises as the sole owner of record, but if there is or was a mortgage on the property that you've paid on since you got married, the law recognizes that he could have a marital interest in the property, because you have presumably used marital funds (your earnings, which are marital property) to pay that mortgage and thereby increase the equity in the property. As for renting, if he refuses to leave voluntarily you could have him evicted through a landlord tenant court action, by first giving him 30 days notice to vacate and then going to court if he refuses. It would be unwise to try and rent or sell it before you regain control of the property, because he will hamper your efforts to do so it he's living there.

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Answered on 3/24/10, 6:46 am


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