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  1. #1
    Join Date
    Oct 2013
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    1

    Default What Happens If a Spouse Leaves Home After Receiving a Sole Use and Occupation Order

    My question involves a marriage in the state of: MD

    Hello, just a simple question. My ex has left the marital home which we own together. She currently has a temporary sole use and possession order which was granted in March 2012 and she has moved into another home with her boyfriend. She took all the home belongings, she sold marital property without my knowledge and has told me I could go get some of my things when she sees fit. Now, my question is now that she has departed the marital home and moved into another home can I go back into the home and retrieve my things without being in contempt of the order?

    I would think since I am 50% owner of the home and am on title and mortgage to home I cna enter at any time since she left.

    Thanks

  2. #2
    Join Date
    Sep 2011
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    Default Re: If Spouse Leaves Home After Receiving a Sole Use and Occupation Order

    She is free to return until you obtain a modified court order.

  3. #3
    Join Date
    Sep 2005
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    Default Re: What Happens If a Spouse Leaves Home After Receiving a Sole Use and Occupation Or

    How could she sell the marital home without your knowledge if you're on the title? Also, if this order was granted in March, 2012, why isn't your divorce yet resolved? If your divorce is over, was she awarded the home in the final divorce judgment?

    I cannot read the order from where I'm sitting. Does it prohibit you from going to the home? If for some reason your case remains pending, have you filed a motion with the divorce court?

  4. #4
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    Default Re: What Happens If a Spouse Leaves Home After Receiving a Sole Use and Occupation Or

    I believe you misunderstood Mr K. I believe she sold marital property from within the home, not the home. OP wants to move back in, to avoid paying two places and seek redress for the items wifey sold.

  5. #5
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    Sep 2005
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    Default Re: What Happens If a Spouse Leaves Home After Receiving a Sole Use and Occupation Or

    I don't see that he says he wants to move back in ("can I go back into the home and retrieve my things..."), but I agree that by "she sold marital property without my knowledge" he probably meant personal property.

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