Can You Force Your Spouse to Move Out of the Home in Maryland?
When a marriage hits a rocky patch, the question of living arrangements often arises. One spouse might consider asking the other to move out of the shared home, either temporarily or permanently. However, whether you can legally force your spouse to vacate the marital home in Maryland is a complex matter that involves various legal considerations and procedures.
Understanding Marital Property Laws in Maryland:
Maryland follows the principle of equitable distribution when it comes to dividing marital property during a divorce. This means that assets acquired during the marriage are typically considered marital property and subject to division between spouses. The marital home is usually included in this category, regardless of whose name is on the deed or the mortgage.
Rights to the Marital Home:
In Maryland, both spouses generally have a right to live in the marital home until a court orders otherwise. This means that neither spouse can unilaterally force the other to move out without a legal basis or a court order. Even if the home is titled to one party only, or was acquired prior to the marriage, the other party, if they are residing there, has certain rights to continue to reside there and a court will generally not order their removal during the pendency of the case, except under limited circumstances.
Legal Grounds for Exclusion:
While in most cases it's not possible to simply “kick" your spouse out of the marital home, there are circumstances where a court may order one spouse to leave for a period of time in the context of a domestic violence protective order. Such circumstances often involve issues such as domestic violence, abuse, or threats that make it unsafe for one spouse to continue living with the other. See more information about domestic violence protection orders here.
Use and Possession:
If you wish to have your spouse move out of the marital home for a reason other than safety, and there are minor children of the marriage, you may seek a court order awarding exclusive possession of the marital home as part of a divorce or legal separation proceeding. The court may also order a spouse to contribute to the mortgage and other expenses.
Factors Considered by the Court:
A parent requesting Use and Possession of the Home must have at least 50% physical custody of a child of the parties. When deciding whether to grant exclusive possession of the marital home to one spouse, the court will consider various factors including each party’s income and overall financial circumstances, as well as their need to remain in the home, the children’s best interests and how use and possession would impact a party’s ability to pay his/her own set of living expenses.
Consulting with a Family Law Attorney:
Navigating the legal complexities of marital property rights and obtaining a court order for exclusive possession of the marital home can be challenging. It's crucial to seek guidance from an experienced family law attorney, who is familiar with Maryland's laws and procedures. An attorney can assess your specific situation, advise you on your rights and obligations, review your options, and represent your interests in court proceedings if necessary.
Conclusion:
While you generally cannot unilaterally force your spouse to move out of the marital home in Maryland, there are legal avenues available if circumstances such as domestic violence or safety concerns necessitate such action. Seeking the guidance of a knowledgeable attorney can help you understand your rights and take the appropriate steps to protect yourself and your interests during this challenging time. Contact our office at 240-396-4373 to schedule a consultation.