Legal Question in Real Estate Law in Maryland

Re: Is a spouse an illegal tenant?

If your husband's name is not on the lease, he has no legal right to live in the premises, and you could "evict" him by changing the locks and removing his belongings. If you do this, I suggest you hire an off-duty police officer to be present when he comes home and learns of the situation, in order to maintain peace. Also, you can't do anything which jeopardizes the safety of his belongings, such as leave them where others can get or damage them. You can also file for a legal separation if you are able to say under oath that he made life so intolerable for you that you had to force a separation. I strongly suggest you consult an attorney to represent you in any court proceeding.