Legal Question in Family Law in Maryland

Based on the limited facts you have provided, no she cannot force you to leave. Unless the house was purchased with funds that can be traced to non-marital sources (e.g. your wife received an inheritance and used that money to buy the house), the house would probably be considered marital property and subject to equitable distribution between the two of you in the event of divorce. You said your wife left a year ago -- have you considered seeking a divorce? One year of separation is grounds for divorce in Maryland. You should probably consult a lawyer to ensure that as part of any divorce or continued separation, you receive your fair share of your marital property. Feel free to contact me (240.380.0863 or [email protected]) if you have any follow up-questions or if you'd like a free consultation. Good luck.

As brilliant a lawyer as Sean is, I disagree. While the property may be marital, the fact that it is titled in your wife's name DOES entitle her to oust you from the property in multiple different ways, including but not limited to bringing a landlord-tenant action against you. I know. I have helped clients on title to property oust their spouses on multiple occasions. Asking for equitable distribution of the marital property, while a good idea, will not prevent this. Putting a lis pendens on the property (in other words, recording a lien asserting that you have a legal or equitable interest in the property so as to "cloud" the title and impair her ability to sell the house) would also be a viable alternative, but would not prevent you from being removed from the residence. Consult a top-notch domestic relations attorney with knowledge in divorce-related real estate issues.

As Scott's answer makes clear, you should consult a good divorce/domestic relations lawyer on this issue -- and Scott is certainly one of them. Good luck.