Legal Question in Family Law in Maryland

wife and children stay in marital home in husband's name?

Husband bought home in his name 2 months prior to marriage.

He is still paying the mortgage. Homemaker wife and two children under 12 live with him. Wife wants a divorce. Can

wife and children stay in home for a certain amount of time

if she files for divorce? Will he still have to pay for all

expenses for certain amount of time? If she files for divorce will he have to leave or will wife and children have to leave?


Asked on 8/03/05, 3:08 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: wife and children stay in marital home in husband's name?

First of all, the wife may not have grounds for divorce as long as the parties are living together. A final divorce must be based on adultery, separation, desertion, insanity, cruelty of treatment or excessively vicious conduct toward the party filing for divorce. If she does have grounds, she can ask for custody of the children and exclusive use of the family home during the divorce proceedings and for up to 3 years thereafter. If granted, the father/husband will have to leave. As for expenses, it's up to the court to award child and spousal support and in what amount.

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Answered on 8/03/05, 4:30 pm


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