Legal Question in Family Law in Maryland

My spouse and I are going through an ugly divorce. I have just gotten an email from his attorny today saying that I need to immediately release items from our home to him because it was purchase a few days before our marriage. The court awarded me exclusive use and possession of our home 3 months ago. Is he allowed to order things from my home when it belongs to our children?


Asked on 1/11/11, 8:50 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If the judge did not order you to release those items to your husband, then DON'T. Do not "release" any items from your home. Do not let your husband in your home. Do not let your husband's attorney in your home. Call the police if your husband or his attorney try to enter your home (even if they use a key!). In other words, unless your husband goes to Court and successfully petitions the judge (that has already awarded you possession and use of the home) to order you to allow the husband into the home to retrieve the items, you have ZERO legal obligation to do so. Don't be strong armed.

If you don't have your own attorney, you SHOULD. Did you know that if you can't afford an attorney (if your husband is the primary bread winner and you are a stay at-home mom), you can ask the judge to order that your husband pay for your attorney? It would be worth consulting a Maryland family law attorney -- most will not charge you for a consultation. If you have an attorney, he should and likely will respond to your husband's attorney's letter.

If you don't have an attorney and refuse to get one, then I would strongly recommend replying to attorney's letter. Simply say something like "I received your letter dated _______. I was awarded exclusive use and possession of the home on ________ date by the Court. As such, you nor my husband have the right to enter my home under any circumstance. If you or my husband attempt to enter my home without a court order, I will immediately call the police, report such activity to Judge _________ in the form of a motion for contempt, and lodge a complaint against you personally with the Maryland Bar."

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 1/16/11, 4:39 pm


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