Legal Question in Family Law in Maryland

Ex Wife Will Not Leave

In May of 2004 my ex wife and I decided to cohabit again after eight years of divorce and separation. In October 04' she tells me she does not like the arrangement and is leaving. As of today, 3/20/05, she is still living in my house, driving a car I pay for and I can't get an answer as to when she is leaving. What can I legally do? Do I need an injunction to have her removed from my residence? I don't want a scene, since my two sons also live with me.What are my options. Thank you.


Asked on 3/19/05, 10:18 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Ex Wife Will Not Leave

I would give her a firm deadline by which you will expect her to be out. Perhaps you offer relocation assistance if she meets the deadline. If she continues to stall, you may have to "up the ante". If you think your sons won't be adversely effected (I assume they are hers too), you could have her belongings placed in storage and change the locks. She has no legal right to be there.

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Answered on 3/22/05, 11:11 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Ex Wife Will Not Leave

Among the options available is a formalized separation agreement. This would specify terms that may then form the basis of your pending divorce.

Another option may be to file for a limited divorce.

Each option has costs and benefits. Other options may exist.

Cohabitation breaks the period required for 1 year voluntary or 2 year involuntary grounds for divorce. Other grounds may apply.

Speak with an attorney for assistance.

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Answered on 3/21/05, 10:58 am


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