Legal Question in Family Law in Maryland

Can wife force husband to leave?

My wife owns our home in her name. It was acquired recently (last year) in our marriage (12 years). She has threatened to find a way to evict me, if I don't ''get a regular job'' with ''regular income''. What are my rights? Are they explicitly stated in law (where) or through court decisions?

Is it legal to make such ultimatums?

We have two school aged kids whom I am often the primary caretaker of, when she's at work or elsewhere. My understanding is that the house is marital property, and irregardless of the name on the lease, I have equal rights in terms of occupancy and equity if there's a separation.

Is the money in her bank account marital property and equally mine if we separate?

Is the debt in her name also mine?

What are the laws in Maryland concerning these types of issues?


Asked on 3/21/06, 4:56 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Can wife force husband to leave?

All property acquired during a marriage of whatever nature, including earned income, is marital in nature. The only exceptions are property acquired by gift or inheritance, or property purchased with funds brought into the marriage by one of the parties. The fact that her name only is on the deed or for that matter on a bank account is irrelevant. If one of you files for divorce and/or sole custody of the children, that party can ask the court for a "use and possession order" on the family residence to maintain a home for the children. If the court grants the order, the then-noncustodial parent will have to leave the premises. The court has the authority to grant a use and possession order for up to 3 years after divorce.

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Answered on 3/22/06, 10:06 am


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