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  1. #1
    Join Date
    Dec 2011
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    Default 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?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default 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.

  3. #3
    Join Date
    Dec 2011
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    4

    Default Re: Right to Remain in Home After Divorce

    Thanks - thought so - just needed re-affirmation. Anyone else have opinion?

  4. #4
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    Sep 2005
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    Default 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.

  5. #5
    Join Date
    Dec 2011
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    4

    Default Re: Right to Remain in Home After Divorce

    Possible for you to provide a short explanation of "exclusive possession". What does this mean?

  6. #6
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    Default Re: Right to Remain in Home After Divorce


  7. #7
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    Default 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.

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