QUESTION

Can one spouse put the other spouse out of the family homebecause they feel that spouse should leave to saperate

Asked on Mar 22nd, 2015 on Divorce - Maryland
More details to this question:
Family home purchased while married only one name on mortgage and deed because of credit issues when refinanced
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1 ANSWER

Divorce Attorney serving Columbia, MD
3 Awards
Your question  presents one of the the most difficult issues encountered in family law. There are two schools of thought regarding evicting a non-titled spouse. One school views reval of a non-titled spouse from a home owned solely by the other as a matter of real estate law. As such, the owner spouse needs to give the non-owner spouse a 30 day Notice to Move Out and then file an eviction if the spouses refuses to leave. The other school sees the problem as one of family law that only a Circuit Court judge can decide if the spouse should leave. However, either spouse can ask for a Protective Order if he or she is a victim of domestic violence. If a Court finds there has been domestic violence, then the Court can order the violator out of the home for up to a 1 year period. If you need advice specific to your situation, please do not hesitate to call me.
Answered on Mar 22nd, 2015 at 7:03 PM

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