Legal Question in Family Law in Maryland

Re: Leaving home when husband refuses to leave

The law says that when one spouse acts in such a way as to make living with him intolerable to the other spouse, the other spouse can leave and claim that she was forced out. This is known as constructive desertion. Alternatively, you could argue that you've really been separated for all intents and purposes by virtue of the fact that you've been sleeping in separate rooms. If there has been no "break" in this separation for two years, and no marital relations during this period, you could also base a divorce action on 2 year separation. Either way, you would ask the court to award you an equitable share of the marital property, which is defined as any property acquired during the marriage except by way of gift or inheritance to a particular spouse.

As you can see, there are complicated issues involved (for example, retirement plan distribution), and you are well advised to retain an experienced family law attorney to represent you.

Robert Sher

301 986-4555

Re: Leaving home when husband refuses to leave

The primary way to handle leaving the maritial home, and not have it considered a desertion, is a separation agreement. If that is not feasable, then you will need to contact a divorce lawyer, like myself, on alternate means to protect your assets during a separation leading to a divorce.