Legal Question in Family Law in Maryland
my wife and I are divorced as of 10/07/2010 and I moved back into the house qwith her and the kids....we get along just fine however she gets mad if I date and says she can have me removed from the home...When the house sells we will devidup the winnings and move on our separate ways...Can she just call a judge and have me removed from the house...
2 Answers from Attorneys
No, she cannot just call up a judge and have you removed from the home. However, she may be able to just call up the police and have you removed from the home. What does your final divorce decree say about who has possession of the home until it's sold? If your wife has legal possession, and you don't, she can kick you out at any time.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******
In Maryland, a court may award use and possession of the former marital for up to 3 years to a spouse who is also awarded custody of minor children. If such an award was made in your case, then she could have you held in contempt court and ultimately removed from the residence. In the absence of a use and possession award, the title of the home would control. If you are still listed on the title as an owner, she cannot have you removed in the absence of domestic violence allegations. If you are not on the title, she can have you removed via the eviction process.