Is wife allowed to have access to a jointly owned home, if she left 5 years ago and has made no payments?

Asked on July 13, 2012 under Family Law, Maryland


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

Your inquiry asks whether your wife can have access to the marital home, although she abandoned the home five (5) years ago and has not contributed financially to the expenses associated with the home.  The short answer is, yes.  The operative word is..."jointly owned".  You would need to get a court order addressing the issue as to who should have exclusive use and possession of the marital home.  First, you should determine what are you and your wife's intentions pertaining to the marriage.  If you desire to work towards reconciliation, then seek counseling to do so.  If you plan to separate and live independent of each other, then retain the services of an attorney to file a complaint for separate maintenance.  If you plan to divorce, then retain the services of an attorney to do so.

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