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Right to Remain in Home After Divorce

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  • 12-28-2011, 09:14 PM
    ewfrank
    Right to Remain in Home After Divorce
    My question involves real estate located in the State of: MARYLAND

    Spouse and I have lived in home owned by my parent. We have not paid rent or mortgage for duration - 25 years. We are now in process of divorcing. My spouse contends she has right to remain in this home. Obviously my parent does not wish to have her remain in house after divorce. Does my parent have right to evict. Does MD law provide any right for my spouse to remain in house?
  • 12-29-2011, 04:47 AM
    flyingron
    Re: Right to Remain in Home After Divorce
    You are not tenants. Your parents could kick either or both of you out at their whim.
  • 12-29-2011, 07:11 AM
    ewfrank
    Re: Right to Remain in Home After Divorce
    Thanks - thought so - just needed re-affirmation. Anyone else have opinion?
  • 12-29-2011, 08:30 AM
    Mr. Knowitall
    Re: Right to Remain in Home After Divorce
    With 25 years of the home being your legal domicile, I would not be surprised if your parents were informed by the police in an attempt to kick one or both of you out that they need to get an order of eviction. You may want to petition for exclusive possession as part of your divorce action.
  • 12-30-2011, 02:13 PM
    ewfrank
    Re: Right to Remain in Home After Divorce
    Possible for you to provide a short explanation of "exclusive possession". What does this mean?
  • 12-30-2011, 02:18 PM
    Disagreeable
    Re: Right to Remain in Home After Divorce
    Basically you want a judge in a court action to say the spouse must move in so many days. It creates a finite period of time after which the spouse is in contempt of a court order. Eviction via court process or via divorce court will both likely suffice. Both create a scenario where police have a court order to see, where a judge told them to leave.
  • 12-30-2011, 02:39 PM
    Mr. Knowitall
    Re: Right to Remain in Home After Divorce
    Got a dictionary?
  • 12-31-2011, 09:01 AM
    ewfrank
    Re: Right to Remain in Home After Divorce
    Thanks ... yes, I have a dictionary .. just wondering from a "lawyer" / "law" perspective what the term "exclusive possession" means. Found that there are many hidden meanings when one engages in "LAWYER SPEAK". Thanks again.
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