Legal Question in Family Law in Maryland
Spouse's right to occupy family residence
I have been married almost 10 years(since 1994). I, my wife, and two children have lived in a home she purchased solely in her name due to my credit problems three years ago(2001). She provides our only income, and has done so throughout the marriage. My contributions include: usually handling our money and paying the bills, dealing with many maintenance items, much of the child rearing, and my number one thing is to find and take advantage of investment opportunities. Periodically, she threatens to ''kick me out'' because of some financial mistake I've made with an investment,failing to pay a severely past due bill, or otherwise using funds in a way she disagrees with. If she is contemplating a divorce, do I have the right to stay in my home or can she ''evict'' me at her will? Almost everything of value we have (equity/debt)including the home is in her name?
2 Answers from Attorneys
Re: Spouse's right to occupy family residence
The house is marital property. My question to you is after all these years, what makes you think that she wants to split?
Re: Spouse's right to occupy family residence
The house is marital property even though she is the only financial contributor. That means you have an equity interest that would be subject to equitable (fair) division as part of a divorce.
As for your right to live there, she can't kick you out without a court order. However, if she files for divorce, she might seek a "use and possession order" as custodian of the children. If granted, she would have exclusive possession of the home during the divorce proceeding and for
up to 3 years after the divorce was granted. Most likely, she would try and buy out your interest unless she doesn't want the house anymore.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
